Sakir And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52345 of 2016 Arising Out of PS.Case No. -295 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================
1. Sakir S/o late Ishaque
2. Sawood S/o late Ishaque
3. Mujahid S/o Late Ishaque
4. Sabir S/o late Ishaque
5. Zafir S/o late Ishaque, All are resident of Village- Girda, P.S- Jokihat, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2016 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 448, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.
The prosecution case, in brief, is that the accused persons including the petitioners assaulted the informant, Firoz, Sahnawaz and Naushad by means of farsa, iron rod, lathi, fists and slaps etc, on account of which they sustained various injuries on their hand, head, chest and finger and the accused persons also looted cash Rs.15,000/- and golden and silver ornaments.
Patna High Court Cr.Misc. No.52345 of 2016 (2) dt.08-12-2016 2/2 It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Both the sides are said to have been injured in course of free fight. The injuries on the part of the accused persons have not been explained by the prosecution.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Kumar Amit Manu, learned A.C.J.M., Araria in connection with Jokihat P.S. case No.295 of 2016 (G.R. No.3177 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T