Md. Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9584 of 2023 Arising Out of PS. Case No.-265 Year-2018 Thana- BENIPATTI District- Madhubani ====================================================== 1.

MD. GULAB Son of Saleem Resident of Village - Andhari, P.S.- Benipatti, District - Madhubani 2.

Md. Tamanna @ Tamnna Son of Md. Gulab Resident of Village - Andhari, P.S.- Benipatti, District - Madhubani 3.

Samsa Khatoon Son of Md. Gulab Resident of Village - Andhari, P.S.- Benipatti, District - Madhubani 4.

Md. Ladle Son of Bhola Resident of Village - Andhari, P.S.- Benipatti, District - Madhubani 5.

Ladli Khatoon Daughter of Md. Gulab Resident of Village - Andhari, P.S.- Benipatti, District - Madhubani 6.

Eakramul @ Eakramul Haque @Md Ekramul Son of Md. Abubakar Nadaf Resident of Village - Andhari, P.S.- Benipatti, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 147/149/341/323/307 / 379/504/506 of the Indian Penal Code.

As per F.I.R., the allegation against petitioner no. 1 and petitioner no. 2 is of commission of assault with Farsa to nephew and brother of informant respectively. It is submitted on behalf of petitioners that though,

Patna High Court CR. MISC. No.9584 of 2023(2) dt.25-04-2023 2/2 there is allegation of commission of assault against petitioners no. 1 and 2, but the doctor has found simple injury. So far as other petitioners i.e. petitioners no. 3 to 6 are concerned, there is general and omnibus allegation and so specific allegation of overt act has been alleged against them. Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge - IX, Madhubani in connection with Benipatti P.S. Case No. 265 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T