Noor Hoda Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47489 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Noor Hoda Mian, S/o Late Jainul Haque Mian,
2. Gaffar Mian S/o Noor Hoda Mian, Both R/o Vill.- Sakraul, P.S.- Inarwa, District- West Champaran.
3. Nanki Mian @ Ajharuddin S/o Anwar Hussain, R/o Vill.- Mariya Virti Tola, P.S.- Lauriya, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2018 The petitioners are apprehending their arrest in connection with Inarwa P.S. Case No. 24 of 2018, registered for offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
Allegation against the petitioners is that they have assaulted the informant and others and specific allegation is against petitioner no.1, who assaulted the informant by farsa. Submission of learned counsel for the petitioners is that there is case and counter case between the parties and injuries are simple in nature, except one injury on the head and one abrasion on forearm.
Patna High Court Cr.Misc. No.47489 of 2018 (2) dt.16-08-2018 2/3 Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, so far petitioner no.1 is concerned, I am not inclined to grant him privilege of anticipatory bail rather he should surrender before the court below and pray for regular bail, which would be considered on the merit of the case.
So far petitioner nos.2 & 3 is concerned, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah, West Champaran, in connection with Inarwa P.S. Case No. 24 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available
Patna High Court Cr.Misc. No.47489 of 2018 (2) dt.16-08-2018 3/3 as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) sunil/Amjad/- U T