Dablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2559 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- DHANKUND District- Banka ====================================================== 1.

Dablu, Son of late Kadho, Resident of Village - Hansay, P.S.- Dhankund, Distt.- Banka.

2.

Md. Ishaque, Son of Md. Safique, Resident of Village - Hansay, P.S.- Dhankund, Distt.- Banka.

3.

Md. Inamul @ Md. Anamul, Son of Md. Ekram, Resident of Village - Hansay, P.S.- Dhankund, Distt.- Banka.

4.

Md. Javed, Son of Late Md. Irfan, Resident of Village - Hansay, P.S.- Dhankund, Distt.- Banka.

5.

Md. Arif @ Md. Arifs, Son of Late Md. Irfan, Resident of Village - Hansay, P.S.- Dhankund, Distt.- Banka.

6.

Md. Pravej @ Md. Pravej, Son of Md. Habib @ Md. Pravej, Resident of Village - Hansay, P.S.- Dhankund, Distt.- Banka. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Dhankund P.S. Case No. 74 of 2019 registered for the offence(s) punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

As per the prosecution case, when brother-in-law of the informant was coming with a thela loaded with sand, then petitioner no. 3 dashed his truck with the thela and called other

Patna High Court CR. MISC. No.2559 of 2020(2) dt.26-02-2020 2/3 persons to assault the informant's brother-in-law but he was saved by the villagers. When informant was returning from market, petitioner no. 6 had stopped the informant started assaulting him. When the family members of the informant tried to save him, the petitioners started assaulting the family members of the informant with iron rod.

It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. Specific allegation of assault is against co-accused, namely, Md. Jabbar. So far as these petitioners are concerned there is general and omnibus allegation. Petitioners have no criminal antecedent. Considering the aforesaid facts and circumstances as well as the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate/Successor Court, Banka in connection with Dhankund P.S. Case No. 74 of 2019 on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.2559 of 2020(2) dt.26-02-2020 3/3 and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bonds 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) Ankit/- U T