Rustam Ali @ Md. Rustam @ Md. Rustam Ali And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53681 of 2018 Arising Out of PS.Case No. -179 Year- 2018 Thana -DARIYAPUR District- SARAN ======================================================
1. RUSTAM ALI @ MD. RUSTAM @ MD. RUSTAM ALI, Son of Late Jakir Miyan,
2. Md. Hassim Son of Gulam Rasul,
3. Md. Manzoor @ Manzoor Alam, Son of Late Eslammudin,
4. Anul Miyan, Son of Late Wakil Miyan,
5. Md. Arman @ Arman Ali, Son of Rustam Ali,
6. Md. Munna Son of Late Wakil Miyan, All no. 1 to 6 resident of VillageSaraiya, P.S. Dariyapur, District Saran.
7. Md. Halim Miyan Son of Late Hussain Miyan,
8. Gulam Rasul, Son of Late Nizamuddin,
9. Md. Azad Son of Late Nizamuddin,
10. Md. Rozaddin @ Roza Ali, Son of Hadish Miyan
11. Razaul Mustafa Son of Md. Ayub No. 7 to 11 resident of VillageSarnarayan, P.S. Dariyapur, District- Saran. .... .... Petitioners.
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Prakash For the State : Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code.
The prosecution case, in brief, is that in course of collecting Chanda for giving Nazrana to Moulvi, the accused persons started abusing the informant and when the informant prevented from doing so, they assaulted the informant, as a result of which, the informant
Patna High Court Cr.Misc. No.53681 of 2018 (3) dt.10-10-2018 received injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is case and counter case between the parties. Both parties are said to have been injured in course of occurrence. The injury is said to be simple in nature. The matter has already been compromised between the parties which would be evident from Annexure-4 to this application. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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 learned Additional Chief Judicial Magistrate-IV, Saran, Chapra in connection with Dariyapur P.S. Case No. 179 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T