← Library
Patna High CourtCR. MISC./11118/2015bail granted

Md. Mustaque @ Mustaque And ORS. v. The State Of Bihar

2015-04-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11118 of 2015 Arising Out of PS.Case No. -541 Year- 2014 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Md. Mustaque @ Mustaque, S/o Md. Amiruddin

2. Md. Mahfuj @ Mahfuj, S/o Md. Amiruddin

3. Md. Saukat @ Saukat, S/o Md. Amiruddin

4. Md. Suleman S/o Saibur Rahman .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/324/326/307/504 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that the accused persons variously armed with surrounded Md Inamul and abused and assaulted him when the informant came to rescue co-accused Md. Tahir made firing causing injury on the chest of Injamul Haq whereas coaccused Md. Manik caused fire arm injury on the leg of the informant.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.11118 of 2015 (2) dt.28-04-2015 2/2 that the accusation of firing is not against the petitioners nor it is specific that the petitioners are armed with any weapon. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No.541 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T