Patna High CourtCR. MISC./5005/2016bail granted

Md. Naushad And ORS v. The State Of Bihar

2016-03-18Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5005 of 2016 Arising Out of PS.Case No. -67 Year- 2015 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Md. Naushad.

2. Md. Samsad Both sons of Md. Iliyas.

3. Md. Saddam S/o Md. Rasool.

4. Md. Gulam Sarwar @ Md. Gulam Shekhawat.

5. Md. Akbar. Both sons of Late Salim. All R/o village- Khoriya Tola Barail, P.S.- Babubarhi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Adv. For the Opposite Party/s : Mr. G.S. Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-03-2016 Heard learned counsel for the parties.

The petitioners apprehend their arrest in connection with Babubarhi P.S. Case No. 67 of 2015 for the offences punishable under Sections 143, 341, 323, 324, 307, 504/34 of Indian Penal Code.

Mr. Bimal Kumar, learned counsel for the petitioners submits that the case in question is the retaliation to the case instituted by one of the co-accused Gulam Rasool against the informant and others. He submits that although the accused in the present case have been charged with assault on the informant and his family members and while there are some specific allegations against some of the accused but they are not petitioners before this

Patna High Court Cr.Misc. No.5005 of 2016 (2) dt.18-03-2016 2/2 Court and in so far as the present petitioners are concerned, the allegation is omnibus and general in nature.

Having heard learned counsel for the parties and considering the submissions of learned counsel, let the petitioners namely, (1) Md. Naushad,(2)Md.Samsad (3) Md. Saddam,(4) Md. Gulam Sarwar@ Md. Gulam Shekhawat and (5) Md. Akbar in the event of their arrest/surrender within four weeks from today, be released on bail upon furnishing individual bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Madhubani in connection with Babubarhi P.S. Case No.67 of 2015 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.

(Jyoti Saran, J) Bibhash/- U