Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8571 of 2020 Arising Out of PS. Case No.-591 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

Md. Alam Son of Md. Akhtar Ansari 2.

Md. Sharif Son of Md. Akhtar Ansari 3.

Md. Akhtar Ansari @ Md. Akhtar Son of Late Abbas 4.

Md. Taj Son of Md. Akhtar Ansari 5.

Md. Sarfaraj Son of Md. Akhtar Ansari All resident of Village - Rampur, Singhara, P.S.- Mahua, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-03-2020 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State and learned counsel for the informant.

Petitioners are apprehending their arrest in Mahua P.S. Case no. 591/2019 registered under sections 307, 324 and other allied sections of the IPC.

Counsel for the petitioners submits that allegation of assault by means of "Farsa" on the informant levelled against petitioner no.1 is not supported by any injury report. Petitioner no.1 happens to be an advocate representing wife of the informant in title suit and as such he has falsely been implicated

Patna High Court CR. MISC. No.8571 of 2020(2) dt.04-03-2020 2/3 in this case along with his family members by levelling general and omnibus allegation on the informant and his brother. Submission is of false implication.

Counsel for the informant and A.P.P have opposed the prayer by submitting that the petitioners and other accused persons assaulted the informant and his brother and as such they are not entitled to grant of privilege of anticipatory bail. Considering the rival submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Mahua P.S. Case no. 591/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on

Patna High Court CR. MISC. No.8571 of 2020(2) dt.04-03-2020 3/3 each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T