Abdul Hafiz @ Master Abdul Hafiz And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56190 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -AMAUR District- PURNIA ====================================================== 1.

Abdul Hafiz @ Master Abdul Hafiz, son oflate Abdul Jabbar 2.

Md. KamranAhsan @ Kamran Ahsan, son of Abdul Hafiz 3.

Md. Farhan, son of Abdul Hafiz 4.

Abid Hussain @ Master Md. Abid Hussain, son of late Abdul Jabbar 5.

Md. Shahanbaz, son of Master Md. Abid Hussain All resident of villageSahangawn, P.S. Amour, Distt. Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate. For the Opposite Party/s : Mr. Ajay Kumar-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Amour P.S. Case No. 96 of 2017 instituted for the offence under Sections 147, 148, 323, 341, 307, 354, 504 and 506 of the Indian Penal Code. It is alleged in the written report that on the date of occurrence Master Abdul Hafiz assaulted Md. Ekram with intention to kill him with sharp cutting Dabia due to which he sustained injury and fell down. It is further alleged that petitioner Nos. 2 and 3 assaulted cousin aunt of the informant with fists and slaps. The other co-accused persons gave threat to kill by using bomb and three-nut.

Patna High Court Cr.Misc. No.56190 of 2017 (2) dt.29-11-2017 2/3 Learned counsel for the petitioners has submitted that petitioners and informant are agnates and there is land dispute between them.

The learned Sessions judge has mentioned the injury of Imrana Khatoon and Ekram Alam in paragraph-6 of the impugned order which is mild swelling on chest and cut injury on scalp measuring 3" x 1⁄2" deep x 1⁄4" wide.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Amour P.S. Case No. 96 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIth, Purnea, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if

Patna High Court Cr.Misc. No.56190 of 2017 (2) dt.29-11-2017 3/3 petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T