Md. Tabib v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65224 of 2019 Arising Out of PS. Case No.-395 Year-2018 Thana- RANIGANJ District- Araria ====================================================== 1.
MD. TABIB S/O- Habib @ Md. Habibur Rahman Resident of Village - Rampur, Ward No. 15, P.S.- Raniganj, District- Araria. 2.
Abdul Hamid S/O- Habib @ Md. Habibur Rahman Resident of Village - Rampur, Ward No. 15, P.S.- Raniganj, District- Araria. 3.
Wahla @ Valiullah S/O- Habib @ Md. Habibur Rahman Resident of Village - Rampur, Ward No. 15, P.S.- Raniganj, District- Araria. 4.
Habib @ Habibur Rahman S/O- Late Safi Alam @ Fekan Resident of Village - Rampur, Ward No. 15, P.S.- Raniganj, District- Araria. 5.
Jaseemuddin S/O- Kalamuddin @ Vilan Resident of Village - Rampur, Ward No. 5, P.S.- Raniganj, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Naushad Uzzoha For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2019 Learned Counsel for the petitioners is permitted to make necessary correction in the address of petitioner no. 5 in course of the day.
Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Raniganj Police Station Case No. 395 of 2018, disclosing offences under Sections 341/323/379/307/504/506/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.65224 of 2019(2) dt.04-11-2019 2/3 The allegation against petitioner no. 1 is that he assaulted the informant by means of farsha and there is no specific allegation of assault against other petitioners. Learned Counsel for the petitioners submits that both the parties are co-villagers and there is land dispute between them. He further submits that there is case and counter case inasmuch as Raniganj Police Station Case No. 396 of 2018 has been lodged by the side of he petitioners. He, relying on Annexure-3, submits that injury caused to the informant has been found to be simple in nature. He, relying on Annexure-4, submits that both the parties have entered into a compromise and have amicably settled their dispute.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, there is case and counter case and injury caused to the informant has been found to be simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four 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
Patna High Court CR. MISC. No.65224 of 2019(2) dt.04-11-2019 3/3 satisfaction of learned Sub Divisional Judicial Magistrate, Araria, in connection with Raniganj Police Station Case No. 395 of 2018, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √