Waris @ Waris Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 76065 of 2019 Arising Out of PS. Case No.-718 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

WARIS @ WARIS KHAN S/O Hasan Khan Resident of Village - Brahman Toli, Sasaram P.S.- Sasaram (Town), District - Sasaram, Rohtas. 2.

Sarwar Khan S/O Ahsan Khan Resident of Village - Brahman Toli, Sasaram P.S.- Sasaram (Town), District - Sasaram, Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-12-2019 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in a case registered under Sections 341, 323, 307, 504, 506/34 of Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to some minor dispute between the children of the two families. It is the petitioners' averment in the petition that they have no criminal antecedent. Pointing to the order of rejection of the Court below, it is submitted that the injuries, which have been found on the victims, is by hard and blunt substance and simple in nature.

Learned APP for the State has opposed the prayer.

Patna High Court CR. MISC. No.76065 of 2019(2) dt.02-12-2019 2/2 Considering the rival submissions, this Court is inclined to grant bail to the petitioners.

Let the petitioners above named, in the event of their arrest or surrender within four weeks from today, shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (Town) Police Station Case No 718 of 2019 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also the following conditions:

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T