Md. Tohid @ Touhid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74729 of 2019 Arising Out of PS. Case No.-398 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.Md. Tohid @ Touhid son of Gauhar Ali
2. Md. Mahmood son og Gauhar Ali
3. Md. Ahmad son of Gauhar ali
4. Md. Tasrif Raja son of Md. Tohid.
5. Asida Khatoon
6. Juli Khatoon
7. Rehana @ Rani 8 Jhalo Khatoon
9. Ajhala Khatoon@ Ajhla Khatoon w/o Md. Mahmood
10. Rahida Khatoon w/o Md. Ahmad
11. Md. Shamim son of Md Ahmad
12. Md. Saulat @ Lalu son of Saukat ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-03-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Forbesganj ( Simraha) P.S. Case No. 398 of 2019 registered for the offences punishable under Sections 147, 149, 447, 341, 323, 324, 307, 354B, 427, 379, 506, 504 of the Indian Penal Code. There is specific allegation against the petitioner no. 11 that he gave Bhala blow causing injury beneath the eye of informant's wife. However, the aforesaid allegation prima facie
Patna High Court CR. MISC. No.74729 of 2019(3) dt.16-03-2020 2/2 does not find support from the injury report annexed with the counter affidavit filed on behalf of the informant. So far as remaining petitioners are concerned, it is stated that they assaulted the informant as well as his wife with fists and slaps and also committed theft of their belongings. The first information report reflects that there appears to be land dispute between the parties.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that the above named, petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Chief Judicial Magistrate, Araria in Forbesganj( Simraha) P.S. Case No. 398 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.K/- U T