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Patna High CourtCR. MISC./3361/2020bail granted

Md. Inush v. The State Of Bihar

2020-06-29Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3361 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- RAUTARA District- Katihar ====================================================== 1.

Md. Inush Son of Abdul Jabbar Resident of Village - Shekh Tola, Binodpur, P.S.- Rautara, Dist.- Katihar.

2.

Fekna Son of Abdul Jabbar Resident of Village - Shekh Tola, Binodpur, P.S.- Rautara, Dist.- Katihar.

3.

Md. Laddu Son of Abdul Jabbar Resident of Village - Shekh Tola, Binodpur, P.S.- Rautara, Dist.- Katihar.

4.

Md. Rahat Son of Abdul Jabbar Resident of Village - Shekh Tola, Binodpur, P.S.- Rautara, Dist.- Katihar.

5.

Md. Anwar Son of Abdul Jabbar Resident of Village - Shekh Tola, Binodpur, P.S.- Rautara, Dist.- Katihar.

6.

Ansari Khatoon W/o Jabbar @ Abdul jabbar Resident of Village - Shekh Tola, Binodpur, P.S.- Rautara, Dist.- Katihar. 7.

Niro Khatoon W/o Md. Inush Resident of Village - Shekh Tola, Binodpur, P.S.- Rautara, Dist.- Katihar.

8.

Md. Farooque Son of Late Md. Islam, Resident of Village - Shekh Tola, Binodpur, P.S.- Rautara, Dist.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 504, 506, 448, 379, 325 and 307 of the Indian Penal

Patna High Court CR. MISC. No.3361 of 2020(4) dt.29-06-2020 2/3 Code.

Three of the petitioners allegedly caused injury at the head of Md. Sakim, however the doctor has found single head injury though grievous in nature. There is general and omnibus allegation against the petitioners for commission of assault to others also. There is case and counter case. Petitioners have got no criminal antecedent.

Learned counsel for the informant opposed the prayer for bail.

Since there is no specific allegation against the petitioners corroborated by the medical evidence, hence let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Rautara P.S. Case No. 128 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial

Patna High Court CR. MISC. No.3361 of 2020(4) dt.29-06-2020 3/3 jurisdiction of the learned Court-below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T