Patna High CourtCR. MISC./25226/2018partly allowed disposal

Md. Sazzad And ORS v. The State Of Bihar

2018-04-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25226 of 2018 Arising Out of PS. Case No.-65 Year-2017 Thana- ANDHRATHARI District- Madhubani ======================================================

1. Md. Sazzad, Son of Late Abdul Kadir,

2. Md. Ali Hassan, Son of Late Nathuni,

3. Pholjahan Khatoon, W/o Md. Sazzad, All are village- Gidargunj, P.S.- Andharathadi, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-04-2018 Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the State. Three petitioners have filed the present application for grant of anticipatory bail. Out of three, the petitioner No. 2, namely, Md. Ali Hassan, has been apprehended during the pendency of this case and as such, the application for grant of anticipatory bail on behalf of the petitioner No. 2, namely, Md. Ali Hassan has become infructuous.

Accordingly, it is dismissed.

The petitioner Nos. 1 and 3 are apprehending arrest in connection with Andhrathadi P.S. Case No. 65 of 2017 registered for the offence punishable under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.25226 of 2018(2) dt.25-04-2018 2/2 The learned counsel for the petitioners submits with reference to the Annexure-2 that the injury on the person of the injured is simple and as such, no case under Section 307 of the Indian Penal Code is made out.

Considering the fact that the petitioners have no criminal antecedent and the nature of injury is simple, let the petitioner Nos. 1 and 3 be released 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, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M, IIIrd, Jhanjharpur, Madhubani in connection with Andhrathadi P.S. Case No. 65 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) ajay gupta/- U T