Mahmood Mia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19123 of 2021 Arising Out of PS. Case No.-228 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

Mahmood Mia Son of Late Sahabuddin Resident of Village - Motihata, P.S.- G.B. Nagar, District - Siwan.

2.

Azmal Mia Son of Mohmood Mia Resident of Village - Motihata, P.S.- G.B. Nagar, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Kant For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506

Patna High Court CR. MISC. No.19123 of 2021(2) dt.14-12-2021 2/3 of the Indian Penal Code.

The prosecution case as per F.I.R is that when the sister-in-law of the informant was returning to her home from coaching, co-accused Neyaz Ahmad and Naushad Mian surrounded her and started to tease. Anyhow, the victim managed to escape and narrated the story to her family members. To pacify the matter, a panchayati was held. In the meantime, the petitioners and others came armed with lathi, sword, bhala etc and started assaulting the informant, his other family members and co-villagers, as a result of which they sustained injuries.

It is submitted by learned counsel for the petitioners that there is general and omnibus allegation against the petitioners. Moreover, the injuries have been found to be simple in nature. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let

Patna High Court CR. MISC. No.19123 of 2021(2) dt.14-12-2021 3/3 the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan in connection with G.B. Nagar P.S. Case No. 228 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T