Saukat Ali @ Bhola v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16066 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- BISFI District- Madhubani ====================================================== 1.
SAUKAT ALI @ BHOLA SON OF LATE ABDUL KHALIQUE RESIDENT OF VILLAGE- BALHA, P.S. BISFI, DISTRICTMADHUBANI 2.
MD. LADDU SON OF KALIMULLAH RESIDENT OF VILLAGEBALHA, P.S. BISFI, DISTRICT- MADHUBANI 3.
TABARAQ SON OF LATE LAL BABU @ MD. NAZIR AHMAD RESIDENT OF VILLAGE- BALHA, P.S. BISFI, DISTRICTMADHUBANI 4.
MUBARAQ @ MD. MUBARAQ SON OF LATE LAL BABU @ MD. NAZIR AHMAD RESIDENT OF VILLAGE- BALHA, P.S. BISFI, DISTRICT- MADHUBANI 5.
MAHMOOD @ MD. MAHMOOD SON OF MD. HASIM RESIDENT OF VILLAGE- BALHA GHAT BALU TOL, P.S. BISFI, DISTRICTMADHUBANI 6.
MD. MUKHTAR SON OF MOFIZUR RAHMAN RESIDENT OF VILLAGE- JAHURABAD BALHA, P.S. BISFI DISTRICT- MADHUBANI 7.
SANNI @ ASHIF SON OF MD. MOKHTAR RESIDENT OF VILLAGEJAHURABAD BALHA, P.S. BISFI DISTRICT- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan Mr.Ashutosh Kumar Mr.Shreyas Bhardwaj For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2022 Heard learned counsel for the parties.
The petitioners apprehend their arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Sections 27 of the Arms Act.
Patna High Court CR. MISC. No.16066 of 2022(2) dt.25-08-2022 2/3 The prosecution case, in brief, is that on 13.12.2021 at about 11 AM, all the accused persons including these petitioners, armed with deadly weapons, abused the informant and thereafter, co-accused Md. Jiya fired from his pistol on the brother of informant, but luckily it did not hit him. It is further alleged that co-accused Md. Shamsher assaulted with butt of pistol on the head of informant due to which informant sustained head injury. Thereafter, petitioners no. 3 & 4 snatched gold chain from the neck of the informant.
It is submitted on behalf of petitioners that there is no specific allegation of assault against any of the petitioners. There is general and omnibus allegation. So far as allegation of snatching gold chain is concerned, it is only ornamental with a view to make the offence grave.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 1st, Benipatti, District -
Patna High Court CR. MISC. No.16066 of 2022(2) dt.25-08-2022 3/3 Madhubani in connection with Bisfi P.S. Case No. 291 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T