Shamsul Haque @ Shamsul And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27360 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Shamsul Haque @ Shamsul, Son of Late Shekhawat,

2. Makbul, Son of late Shekhawat, Both Resident of Village- Bindusar Buzurg, Police Station- Mahadeva (O.P.), District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tej Pratap Singh, Son of Late Raghunath Singh, At present of R/o Patel Colony, C.T.O. Road, P.S.- Dhurva, District- Ranchi (Jharkhand). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Siwan Mufassil (Mahadeva O.P.) Police Station Case No. 18 of 2017, disclosing offences under Sections 341, 323, 387, 307, 395, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Learned Counsel for the petitioners has submitted that it is evident from the allegation made in the complaint petition, which is basis for registration of the First Information Report, that no one sustained any injury. The parties are on litigating terms.

Patna High Court Cr.Misc. No.27360 of 2017 (2) dt.01-07-2017 2/2 Considering the facts and circumstances, this application is allowed.

Let the petitioners, namely, Shamsul Haque @ Shamsul and Makbul, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Mufassil (Mahadeva O.P.) Police Station Case No. 18 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √