Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19986 of 2012 ====================================================== 1. Md. Mazhar Imam @ Mazhar Imam, S/o Late Jamiluddin. 2. Md. Zafar Imam, S/o Late Jamiluddin. 3. Md. Ajhar Imam, S/o Late Jamiluddin. 4. Md. Afzal Imam, S/o Late Jamiluddin. All are residents of Village- Bokra Ahmadpur, Police Station- Simraha, District- Araria. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Naushaduzzoha, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 13-06-2012 Heard learned counsel appearing on behalf of the parties. The petitioners apprehend their arrest in connection with Forbesganj (Simraha) P.S. Case No.270 of 2011 for the offences punishable under [STATUTE] . The allegation as set out in the FIR charges the petitioners of having assaulted the informant and his family members. It is alleged that whereas petitioner no.1 (Md. Mazhar Imam) caught hold of the informant Mojib Alam, petitioner no.2 (Md. Zafar Imam) assaulted him by bhala on his head. It is further alleged that petitioner no.4 (Md. Afzal Imam) assaulted Md. Rijwan on his stomach. The allegation Patna High Court Cr.Misc. No.19986 of 2012 (2) dt.13-06-2012 2 against petitioner no.3 (Md. Ajhar Imam) is of being a member of the unlawful assembly. Perusal of the order passed by the learned court below manifests that the assault made by petitioner no.2 (Md. Zafar Imam) on the head of the informant was found to be grievous in nature. Although the allegation of assault in the abdomen of Md. Rijwan has been made against petitioner no.4 (Md. Afzal Imam), but the injury was not found to be grievous. Regard being had to the submission of learned counsel and having perused the materials on record as the assault made by petitioner no.2 (Md. Zafar Imam) was found to be grievous, no case is made out for consideration of his prayer for anticipatory bail and which is accordingly rejected. Petitioner no.2, namely, Md. Zafar Imam may surrender and pray for regular bail and which shall be considered and disposed of by the court below on its own merits without being prejudiced by the order passed in the present proceedings. Regard being had to the circumstances setforth hereinabove, let petitioner nos. 1, 3 and 4, namely, Md. Mazhar Imam @ Mazhar Imam, Md. Ajhar Imam and Md. Afzal Imam respectively in the event of their arrest or Patna High Court Cr.Misc. No.19986 of 2012 (2) dt.13-06-2012 3 surrender within four weeks from the date of receipt/production of this order be released on bail upon each of them furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No.270 of 2011; subject to the stipulations as laid down under section 438 (2) of the Code of Criminal Procedure. This application is allowed in part. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.