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Patna High CourtCR. MISC./49178/2017bail granted

Israyeel @ Md. Israyeel And ORS v. The State Of Bihar

2017-12-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49178 of 2017 Arising Out of PS. Case No.-238 Year-2017 Thana- ARARIA District- Araria ======================================================

1. ISRAYEEL @ MD. ISRAYEEL son of Late Mangan Rai.

2. Gyash @ Md. Gyash son of Late Mangan Rai.

3. Bibi Jinnat @ Jinnati, wife of Md. Idrish

4. Irshad @ Irshad Ali, son of Illiyas.

5. Md. Sannu @ Sannu son of Ishrayeel.

6. Majahar son of Idrish

7. Ajahar @ Md. Azhar son of Idrish.

All are Residents of Village- Majkuri, Ward No. 5, Rajokhar Police Station- Araria (Araria R.S.- O.P.), District- Araria. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Nand Poddar For the Opposite Party/s :

Mr. SRI RAM SUMIRAN ROY ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Araria (R.S.) P. S. Case No. 238 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 380, 504, 506 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case due to previous enmity. The injuries sustained have been found simple in nature, nothing has been recovered from possession of the petitioners, moreover, the dispute has been compromised between the parties and compromise petition has also been filed

Patna High Court Cr.Misc. No.49178 of 2017(3) dt.12-12-2017 2/2 in the court of learned C.J.M., Araria vide annexure 2/1. In this case other two co-accused namely, Imtiyaz and Wazir have been allowed pre-arrest bail vide Cr. Misc. No. 49959 of 2017 by another co-ordinate Bench of this Court and as such the petitioners having no criminal antecedent deserve sympathetic consideration.

Learned APP fairly submits that two co-accused have been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of 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, Araria in connection with Araria (R.S.) P. S. Case No. 238 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T