Naushad Ali And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78290 of 2018 Arising Out of PS. Case No.-297 Year-2018 Thana- BARHARIA District- Siwan ======================================================

1. Naushad Ali

2. Irshad Ali Both S/O- Ahmad Hussain, Resident of village:- Barsara, P.S.- Barharia, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 This is an application for grant of anticipatory bail in connection with Barharia P.S. Case No. 297 of 2018, disclosing offences under Sections 147, 447, 341, 323, 307, 324, 325, 379, 506, 504 of the Indian Penal Code.

Allegation as per F.I.R. is that petitioner no.1 assaulted the informant by Talwar causing injury to him and petitioner no.2 assaulted the brother of the informant Jhunna Mia, who came to save the informant, by lathi. Submission of learned counsel for the petitioners is that the dispute is with respect to digging the land and injury found on the person of the informant is simple in nature and the F.I.R. itself shows that petitioner no.2 assaulted the brother of the informant with lathi on his hand.

Patna High Court Cr.Misc. No.78290 of 2018(2) dt.08-01-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Siwan, in connection with Barharia P.S. Case No. 297 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T