Md. Mojal @ Md. Mujal @ Md. Majal @ Md. Jamal And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18880 of 2016 Arising Out of PS.Case No. -402 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Md. Mojal @ Md. Mujal @ Md. Majal @ Md. Jamal S/o Md. Shariff All are resident of Village- Lahona, P.S.- Saur Bazar, District- Saharsa.
2. Md. Juman @ Md. Shamsher @ Jumman S/o Md. Majal
3. Md. Mintu @ Imtiyaz S/o Md. Ajim .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate For the Opposite Party/s Mr. Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-05-2016 Heard learned counsel appearing on behalf of the petitioners and learned Addl. Public Prosecutor, appearing on behalf of the State.
This application for grant of anticipatory bail arises out of Saur Bazar P.S. Case No. 402 of 2015, disclosing offences under Sections 307, 380, 504, 506, 323, 324, 341, 147, 148, and 149 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that in the alleged occurrence, four persons on the side of these petitioners received injuries. He has submitted that though there is allegation against the accused persons of the present case of assault caused by iron rod and sharp cutting weapon, the injuries have been found to be simple in nature. He has submitted that no
Patna High Court Cr.Misc. No.18880 of 2016 (2) dt.06-05-2016 2/2 offence under Section 307 of the Indian Penal Code is made out on the basis of allegations, as contained in F.I.R. So far as allegation of committing theft of sarees, clothes and cash is concerned, the same is apparently ornamental he contends. He has also submitted that land dispute is the apparent reason behind the occurrence which had taken place. It has been stated in paragraph 3 of the application that the petitioners has no criminal antecedent. Considering the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa, in Sour Bazar P.S. Case No. 402 of 2015, subject to the conditons as laid down under Section 438(2) of the Cr.P.C.
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 consecutives occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) siddharth/- U T