Md. Shamseed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27267 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.
MD. SHAMSEED, Son of Late Azim 2.
Dilsad, Son of Late Azim 3.
Azad, Son of Mozim 4.
Md. Gulza @ Gulzar @ Md. Gulzar, Son of Mozim All are residents of Village - Fatehpur, P.S.- Narpatganj, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Bhushan Das For the Opposite Party/s :
Mr. Manish Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-04-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Narpatganj Police Station Case No. 61 of 2018 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354(B) and 504 of the Indian Penal Code.
There are 13 persons named in the First Information Report. It seems on perusal of the First Information Report that some altercation between the parties had resulted into scuffle and thereafter, an occurrence of assault, as alleged, might have taken place.
Learned Counsel appearing on behalf of the
Patna High Court CR. MISC. No.27267 of 2019(3) dt.26-04-2019 2/2 petitioners has submitted that there is allegation against one coaccused, Md. Mojim, of making assault leading to injuries. So far as these petitioners are concerned, there is no specific allegation of assault.
Considering background in which the occurrence is said to have taken place, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in Narpatganj P.S. Case No. 61 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U T