Md. Moin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7159 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -HABIBPUR District- BHAGALPUR ======================================================

1. Md. Moin, Son of Jumman,

2. Md. Tabrej,

3. Md. Raja,

4. Md. Pervez, Petitioner nos.2 to 4 sons of Md. Moin, All residents of Mohalla- Habibpur (Mikar Tola), Ward No.8, Police Station- Habibpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend arrest in connection with Habibpur Police Station Case No. 94 of 2017 registered for the offences under sections 448, 341, 323, 354, 324, 307/34 of the Indian Penal Code.

The allegation as per the FIR is that all the petitioners entered into the house of the informant and assaulted the informant, his wife and brother. The occurrence of assault took place on account of quarrel among the children of both the parties who are residents of same place. The injury report on record shows that injury was simple in nature and the petitioners have clean antecedent.

Patna High Court Cr.Misc. No.7159 of 2018 (3) dt.27-02-2018 2/2 The learned Additional Public Prosecutor on the other hand opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioners in the event of arrest or surrender before the learned court below within six weeks from today, are directed to 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-XII,Bhagalpur in connection with Habibpur Police Station Case No. 94 of 2017, subject to condition as laid down under section 438(2) Cr.P.C. with further condition:

(1)One of the bailors of the petitioners shall be Local person having sufficient immovable Property within the jurisdiction of the concerned Court.

(2)The petitioners will not induce any witness or tamper with the evidence.

(3)The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T