Md. Sirajul And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57582 of 2017 Arising Out of PS. Case No.-76 Year-2017 Thana- SANGRAMPUR District- Munger ======================================================

1. Md. Sirajul,

2. Md. Niyajul, Both sons of Md. Shakur, resident of Village- Koraji, P.S.- Tarapur, Dist.- Munger.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Opposite Party/s :

Mr. ATAUR RAHMAN ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sangrampur Police Station Case No. 76 of 2017, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code.

The dispute arose with co-accused persons crossing the agricultural field of the in a tractor which is the genesis of occurrence. There is allegation of making assault with fists, slaps, lathi, danda etc., when objected to by the informant.

Learned Counsel appearing on behalf of the petitioners has submitted that no case, under Section 307 of the Indian Penal Code, is made out. It has also been submitted

Patna High Court Cr.Misc. No.57582 of 2017(2) dt.13-12-2017 2/2 that for the same occurrence, another First Information Report has been registered by the brother of the petitioners, being Sangrampur Police Station Case No. 77 of 2017. Considering the genesis of occurrence and the nature of allegation of assault, this application is allowed. Let the petitioners, namely, Md. Sirajul and Md. Niyajul, 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 Additional Chief Judicial Magistrate II, Munger, in connection with Sangrampur Police Station Case No. 76 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 √