Md. Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1550 of 2020 Arising Out of PS. Case No.-243 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Md. Rashid Son of Md. Yunus Resident of Village- Sahebpur Kamal, P.S.- Sahebpura Kamal, Distt- Begusarai 2.

Md. Wasim Son of Md. Yunus Resident of Village- Sahebpur Kamal, P.S.- Sahebpura Kamal, Distt- Begusarai 3.

Md. Jasim Son of Md. Yunus Resident of Village- Sahebpur Kamal, P.S.- Sahebpura Kamal, Distt- Begusarai 4.

Md. Afroz Son of Md. Aslam Resident of Village- Sahebpur Kamal, P.S.- Sahebpura Kamal, Distt- Begusarai ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Anuj Kumar, Advocate For the Opposite Party :

Mr.Nirmal Kumar Sinha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 307, 379/506 and other allied sections of the Indian Penal Code.

Informant alleges that the accused persons including the petitioners came to her house armed with lathi, danda etc and assaulted her son causing head injury. They took away gold chain from his neck and looted away Rs.15,000/- from the house.

Learned counsel for the petitioners submits that the allegation of giving lathi blow is against petitioner no. 2 and 3, though the injuries sustained by the victim have been found to be simple in nature having pain and swelling on the right shoulder and abrasion on left shoulder. Allegation against

Patna High Court CR. MISC. No.1550 of 2020(2) dt.24-02-2020 2/2 petitioner no. 1 and 4 is general and omnibus. Petitioners have got no criminal antecedent. Parties are co-villagers and sections 107 as well as section 144 Cr.P.C. proceedings are going on between them. Petitioners have got no criminal antecedent. Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Sahebpur Kamal Police Station Case No. 243/2019 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T