Afak Ahmad @ Afaque Ahamad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68785 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

AFAK AHMAD @ AFAQUE AHAMAD Son of Sadarul Haque @ Sabrul Haque Resident of Village- Navi Nagar, P.S.- Dulhin Bazar, District- Patna. 2.

Sayeed @ Shahidul Haque Son of Sadarul Haque @ Habrul Haque Resident of Village- Navi Nagar, P.S.- Dulhin Bazar, District- Patna. 3.

Aftab @ Aftab Alam Son of Mohisin @ Md Mossim Ansari Resident of Village- Navi Nagar, P.S.- Dulhin Bazar, District- Patna. 4.

Altaf @ Altaf Raja Son of Afzal @ Md Afzal Hussain Resident of VillageNavi Nagar, P.S.- Dulhin Bazar, District- Patna. 5.

Sher @ Shera @ Sher Mohammad Son of Nur Ali @ Nur Mohammad Resident of Village- Navi Nagar, P.S.- Dulhin Bazar, District- Patna. 6.

Mohisin @ Mohsin @ Md Mohsin Son of Hathiman @ Md Saleem Resident of Village- Navi Nagar, P.S.- Dulhin Bazar, District- Patna. 7.

Nur Ali @ Nur Mohammad Son of Late Bali Muhamad @ Bali Mohammad Resident of Village- Navi Nagar, P.S.- Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the State :

Mr.C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 427, 379, 504, 506/34 of the Indian Penal Code.

The prosecution case in short, is that having entered the

Patna High Court CR. MISC. No.68785 of 2019(2) dt.27-11-2019 2/3 house of the informant, the accused persons snatched ear ring from his husband and committed theft of Rs. 60,000/- It is also alleged that the accused persons gave iron rod blow on his head, due to which, he sustained bleeding injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. At best, it is a case for offence under Section-325 of the Indian Penal Code. On behalf of the State and O.P. No. 2 , it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P. K. Malviya, learned Judicial Magistrate-Ist Class, Danapur in connection with Duhin Bazar P.S. Case No. 200 of 2019, subject to the

Patna High Court CR. MISC. No.68785 of 2019(2) dt.27-11-2019 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T