Samajul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9106 of 2022 Arising Out of PS. Case No.-74 Year-2021 Thana- BALRAMPUR District- Katihar ====================================================== 1.

Samajul Son of Ibrahim Resident of Village- Karniya (Pandol), P.S.- Balrampur, District- Katihar.

2.

Jalaluddin Son of Late Nijamuddin Resident of Village- Karniya (Pandol), P.S.- Balrampur, District- Katihar.

3.

Majabul Son of Rustum Ali Resident of Village- Karniya (Pandol), P.S.- Balrampur, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Anil Kumar, APP For the Informant :

Mr. Mahtab Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-06-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioners seek bail in connection with Balrampur P.S. Case No. 74 of 2021 registered for the offence under Sections 341, 323, 436, 427, 504, 506 and 34 of the Indian Penal Code.

The accused/petitioners are named in the F.I.R. and are in custody since 13.12.2021.

The accusation against the accused/petitioners, is to set fire the dwelling house of the informant alongwith other co-

Patna High Court CR. MISC. No.9106 of 2022(2) dt.07-06-2022 2/3 accused persons which caused loss of property of about Rs.19 lakhs.

Learned counsel appearing on behalf of the petitioners submitted that the present case has been lodged in the backdrop of previous enmity relating to grazing of field. It is further submitted that allegations are very much omnibus and chargesheet in this case has already been submitted, as such there is no chance of tampering with the evidence. It is further submitted that petitioners are persons having clean antecedent. Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that the allegations are very much omnibus.

Learned counsel appearing on behalf of the informant also conceded the fact that allegations are omnibus in nature. Considering the facts and circumstances as mentioned above and as the nature of allegations are very much omnibus, which is appearing from bare perusal of the F.I.R. coupled with the fact that chargesheet in this case has already been submitted, let the petitioners, above named, are directed to be released on bail in connection with Balrampur P.S. Case No. 74 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.9106 of 2022(2) dt.07-06-2022 3/3 of learned Additional Chief Judicial Magistrate-VI, Katihar, subject to the following condition:

"That one of the bailors shall be the close relative of the accused/petitioners like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T