Md. Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4399 of 2017 Arising Out of PS.Case No. -99 Year- 2016 Thana -KAUAKOL District- NAWADA ======================================================

1. Md. Alam, son of late Sakur Mian,

2. Md. Salam Uddin @ Sallu son of Md. Alam,

3. Md. Rajan Mian, son of late Alizan Mian, all resident of villageSarauni, Police Station- Kawakole, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 14-02-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Kowakole P.S. Case No.99 of 2016 instituted for the offence under Section(s) 147, 148, 149, 452, 323, 504, 354(A)(B) and 395 Indian Penal Code and Section 3⁄4 of the Explosive Substance Act. It has been submitted that the occurrence took place on account of land dispute. There is no injury caused to any body as per written report. These petitioners have been falsely implicated.

As per the written report, there is allegation against petitioner Nos.1 and 2 of making firing from country made pistol, which hit in the wall. Allegation against petitioner No.3 is that he

Patna High Court Cr.Misc. No.4399 of 2017 (2) dt.14-02-2017 2/2 fired from rifle in the air.

In this manner, there is general and omnibus allegation against the petitioners and no injury has been caused to any body.

In the facts and circumstances of the case, prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kowakole P.S. Case No.99 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T