Md. Ashraf And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66548 of 2018 Arising Out of PS.Case No. -57 Year- 2016 Thana -KATRA District- MUZAFFARPUR ======================================================

1. Md. Ashraf, S/o Late Md. Umar.

2. Salauddin, S/o Islam.

3. Ghulam Gaus, S/o Rahamtullah. All R/o Village-Angoa, P.S.-Katra, District-Muzaffarpur.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Shiva Shankar Sharma, Advocate. For the Opposite Party : Mr. Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 447, 341, 323, 324, 307, 504 and 506 of the IPC.

The prosecution story, in brief, is that the petitioners and others have assaulted the informant with Lathi, Danda and badly injured him.

It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. There is case and counter

Patna High Court Cr.Misc. No.66548 of 2018 (2) dt.01-11-2018 2/2 case between the parties. Free fight is alleged to have taken place in course of occurrence. Injury on the side of accused persons has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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 the learned A.C.J.M.-14, Muzaffarpur, in connection with Katra P.S. Case No. 57/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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