Md. Rahim @ Chappa @ Chhapa (And ORS) v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2398 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- WARISNAGAR District- Samastipur ======================================================
1. Md. Rahim @ Chappa @ Chhapa S/o Md.Rahmat Miyan @ Md. Rahmat, Resident of Village-Purnahi, P.S.- Warisnagar, District- Samastipur
2. Md.Rahmat Miyan @ Md. Rahmat S/o Late Md. Makdul Miyan, Resident of Village- Purnahi, P.S.- Warisnagar, District - Samastipur
3. Md. Islam Son of Md. Late Nasir Miyan, Resident of Village- Purnahi, P.S.- Warisnagar, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rana Sanjay Kumar Singh For the Informant Mr. Dilip Kumar Roy For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Warisnagar P.S. Case No. 274 of 2018 registered for offence punishable under sections 341, 323, 307, 504/34 of the Indian Penal Code.
Allegation has been made, on account of closure of the Masjid, the informant side has objected the behaviour of the petitioner side on the plea of misbehave of Maulana of the Masjid that resulted into altercation between the parties. Against the petitioner no. 1-Mr. Rahim, there is direct allegation to have caused injury on the head of the victim by Garasa. Case diary
Patna High Court Cr.Misc. No.2398 of 2019(3) dt.11-02-2019 2/2 also corroborates the same, but there is no specific made against Md. Rahmat Miyan and Md. Islam (petitioner nos. 2 and 3) Looking to the fact and circumstances of the case, the prayer for bail of the petitioner nos. 2 and 3 is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/-each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 274 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
So far the petitioner no. 1 is concerned, his prayer for bail is rejected.
mkchy/- (Shivaji Pandey, J) U T