Patna High CourtCR. MISC./17576/2018bail granted

Md. Phulchand @ Md. Dhulchan @ Md. Ali And ORS v. The State Of Bihar

2018-04-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17576 of 2018 Arising Out of PS.Case No. -596 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. MD. PHULCHAND @ MD. DHULCHAN @ MD. ALI S/o Md. Taslim

2. Md. Tippu S/o Md. Phulchand @Md. Phulchan@ Md. Ali

3. Makil Khatoon W/o Md. Phulchand@ Md. Phulchan @ Md. Ali All are Resident of VillageSanhauli, Ward No.

6, P.S.

Chitragupta Nagar(Khagaria), District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Gupta For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2018 Heard both sides.

The petitioners apprehend their arrest in Khagaria (Chitragupta Nagar) P.S. case No. 596 of 2017 under Section 379, 307 and other Sections of the Indian Penal Code. The informant alleged that all the accused persons including the petitioners came and asked the informant to vacate the land. When the informant tried to know the reason, the accused persons assaulted the informant.

The learned counsel for the petitioners submits that informant got only one injury that too on his finger of right hand. There is no specific allegation of assault against the petitioners.

Patna High Court Cr.Misc. No.17576 of 2018 (2) dt.05-04-2018 2/2 There is counter version being Khagaria (Chitragupta Nagar) P.S. case No. 595 of 2017. Similarly situated accused Md. Jashim and Md. Taslim have already been granted anticipatory bail vide order dated 12.12.2017 passed in Cr. Misc. No. 58493 of 2017. Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. case No. 596 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T