Md. Kadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10942 of 2020 Arising Out of PS. Case No.-329 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

Md. Kadir Md. Ishaque Resident of Village- Dhivha, Ward No.2, P.S.- Forbesganj, Distt- Araria 2.

Md. Roujeed S/o Md. Rahim Resident of Village- Dhivha, Ward No.2, P.S.- Forbesganj, Distt- Araria ... ... Petitioners

Versus

The State Of Bihar .. ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Md. Naushad Uzzoha, Adv.

For the Opposite Party :

Mr.Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 At the outset, learned counsel for the petitioners seeks to withdraw the present petition qua the petitioner No. 1 in order to enable him to surrender before the learned Court below and seek Regular Bail.

Accordingly, the petition qua the petitioner No. 1 stands disposed of as not pressed, however, with the aforesaid liberty.

Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Forbesganj P.S. Case No. 329 of 2019 for

Patna High Court CR. MISC. No.10942 of 2020(2) dt.04-03-2020 2/3 the offence punishable under Sections 147, 149, 341, 323, 307 and 379 of the Indian Penal Code.

The allegation is regarding the petitioner No. 1 having assaulted the wife of the informant with farsa causing grievous injuries on the person of the wife of informant. As far as the petitioner No. 2 is concerned, there is no specific allegation.

The learned counsel for the petitioners has pressed the present Anticipatory Bail Petition only qua the petitioner No. 2 and has submitted that the petitioner No. 2 is innocent, having a clean antecedent and there is no allegation of any sort of specific overt act as against him. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, I deem it fit and proper to direct for release of the petitioner No. 2 on anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner No. 2 is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.10942 of 2020(2) dt.04-03-2020 3/3 to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 329 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) K.K.RAO/- U T