Md. Yasin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63643 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- MANIHARI District- Katihar ====================================================== 1.
Md. Yasin Son of Late Md. Tammo R/o Village- Bhalgour, P.S.- Pranpur, District- Katihar 2.
Md. Amjad @ Amzad Son of Md. Yasin R/o Village- Bhalgour, P.S.- Pranpur, District- Katihar 3.
Md. Jumman @ Jumman Son of Md. Yasin R/o Village- Bhalgour, P.S.- Pranpur, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Musowir For the Opposite Party/s :
Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-10-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Manihari Police Station Case No. 136 of 2024, dated 15.06.2024, disclosing offences under Sections 379/341/323/144/143 of the Indian Penal Code and Sections 25(1-b)(a)/26/35 of the Arms Act.
3. The prosecution case, as per the First Information Report, is that on 14.06.2024, the petitioners, along with other accused persons, came on four wheeler and motorcycle, entered into the house of the informant and assaulted him
Patna High Court CR. MISC. No.63643 of 2024(2) dt.05-10-2024 2/3 and his family members. It has further been alleged that the petitioner no. 2 took away a sum of Rs. 50,000/- from the box of the informant and the co-accused, Mahboob, pointed pistol upon the informant and others.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to dispute between the husband and wife. The petitioner no. 1 is the father-in-law and petitioner no. 2 and 3 are brothers-in-law of the informant. The allegation of showing the fire-arm is upon the co-accused, Mahboob. The petitioners are having no criminal antecedents.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration nature of allegation and the fact that both the parties are related and the petitioners were not holding fire-arm, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the
Patna High Court CR. MISC. No.63643 of 2024(2) dt.05-10-2024 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Manihari Police Station Case No. 136 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T