Patna High CourtCR. MISC./44654/2018bail granted

Afaque Alam And ORS v. The State Of Bihar

2018-08-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44654 of 2018 Arising Out of PS.Case No. -96 Year- 2017 Thana -KOCHADHAMAN District- KISANGANJ ======================================================

1. Afaque Alam, S/o Late Hakimuddin @ Haquimuddin,

2. Naiyar Alam S/o Afaque Alam,

3. Adil @ Rahil S/o Afaque Alam,

4. Nargis @ Nargis Begum D/o Afaque Alam, All R/o Vill.- Talbari Boaldah,

5. Hasnain S/o Late Moniuddin, R/o Vill.- Barijan, Ali, P.S.- Kochadhaman, District- Kishanganj.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Kochadhaman P.S.Case No. 96 of 2017 registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

Allegation against petitioner No.2 is of giving 'Hasua' blow to the son of informant and against petitioner No.4, there is allegation of giving 'Farsa' blow to the wife of informant and other petitioners are named in the FIR.

Submission of learned counsel for the petitioners is that though there is allegation of assault by 'Hasua' but no 'Hasua'

Patna High Court Cr.Misc. No.44654 of 2018 (3) dt.20-08-2018 2/2 injury was found, rather injury was caused by hard and blunt substance and there is no injury on the person of wife of informant and moreover petitioners' side also received injuries. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Kishanganj, in connection with Kochadhaman P.S.Case No. 96 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U