Md. Mumtaz @ Md. Mumtaz Mansuri And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33839 of 2018 Arising Out of PS.Case No. -127 Year- 2017 Thana -MADHEPUR District- MADHUBANI ======================================================

1. MD. MUMTAZ @ MD. MUMTAZ MANSURI, S/o Md. Idrish Mansuri,

2. Shamshad @ Md. Shamshad Mansuri, S/o Md. Idrish Mansuri, both resident of village- Madhepur East Chaudhary Gacchi, P.S.- Madhepur, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 22-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Madhepur P.S. Case No.127 of 2017 instituted for the offence under Section(s) 147, 149, 341,323, 325, 307, 354-A, 379, 504, 506 Indian Penal Code.

Counsel for the petitioners submits that there is land dispute between the parties. Father of the petitioners has filed Title Suit No.110 of 2010 against the husband of the informant and others.

In the written report, it is alleged that petitioner No.1 assaulted the husband of the informant with farsa on the head and

Patna High Court Cr.Misc. No.33839 of 2018 (2) dt.22-06-2018 2/3 petitioner No.2 assaulted the informant with iron rod and snatched Hasuli. Injury report of both the injured has been annexed as Anenxure-2, which shows that informant has sustained simple injuries. Doctor has found one lacerated wound on skull as well as swelling on lower lip and face of husband of the informant. There is no description of the injury of the injured. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Madhepur P.S. Case No.127 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 the Additional Chief Judicial Magistrate, 1st, Jhanjharpur, Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.33839 of 2018 (2) dt.22-06-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T