Md. Abid And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6587 of 2019 Arising Out of PS. Case No.-152 Year-2017 Thana- AMAUR District- Purnia ======================================================
1. Md. Abid, aged about 29 Years, Gender-Male, Son of Jamal.
2. Md. Imtiyaz, aged about 30 Years, Gender-Male, Son of Mufteej.
3. Md. Tahjeeb, aged about 43 Years,Gender-Male, Son of Musdique.
4. Samsher, aged about 32 Years, Gender-Male, Son of Salanuddin.
5. Jahangir, aged about 35 Years, Gender-Male, Son of Sarfuddin. All Residents of Village - Dalmapur, P.S. Amour Sahayak, District-Purnea. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Bijendra Kumar Singh, Advocate.
For the Opposite Party :
Mr. Shyameshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 323, 341,353, 504 and 506 of the IPC.
The prosecution story, in brief, is that on 27.10.2017 at about 8.30 P.M., the informant received information that occurrence of assaulting and stoning is going on in between people of Damalpur and Jagdal Village for fishing. He alongwith others reached there and saw that Mar-Pit is going on in between them and people of both sides have sustained injuries. He also came to know that the injured people have
Patna High Court Cr.Misc. No.6587 of 2019(2) dt.06-02-2019 2/3 gone hospital for their treatment. The people involved in assaulting and stoning were identified. Besides that 50-60 antisocial elements were also involved in the alleged occurrence and they also made obstruction to discharging the informant and others for performing official duties with a view to create terror in the locality.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. Other accused persons have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 79835 of 2018 order dated 16.01.2019.
On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of
Patna High Court Cr.Misc. No.6587 of 2019(2) dt.06-02-2019 3/3 the like amount each to the satisfaction of the learned C.J.M. Purnea, in connection with Amour P.S. Case No. 152 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T