Jahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15872 of 2020 Arising Out of PS. Case No.-279 Year-2018 Thana- JOKIHAT District- Araria ====================================================== 1.

JAHID Son of Jalil Resident of Village - Sherlangha, P.S.- Jokihat, District - Araria 2.

Majid Son of Jalil Resident of Village - Sherlangha, P.S.- Jokihat, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 354, 379, 427, 447, 448, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners abused and assaulted the informant and his wife by means of fists, slaps and lathi. They also took away earring and silver chain from the wife of the informant.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.15872 of 2020(2) dt.14-07-2020 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The alleged occurrence is said to have taken place for a petty reason. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of J.M. IInd class, Araria in connection with Jokihat P.S. case No.279 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Narendra/- (Sudhir Singh, J) U T