Mohammad Raza @ Md.Raja @ Raja Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14954 of 2022 Arising Out of PS. Case No.-281 Year-2021 Thana- NAUTAN District- Siwan ====================================================== 1.

MOHAMMAD RAZA @ MD.RAJA @ RAJA MIYAN SON OF KALAMUDDIN @ MD. KALAM ANSARI @ KALAMUDDIN MIYAN R/O VILLAGE- SUJAWN (SUJAW), P.S.- NAUTAN, DISTRICT- SIWAN 2.

MUZAFFAR MIYAN @ MD. MUZAFFAR ANSARI SON OF KALAMUDDIN @ MD. KALAM ANSARI @ KALAMUDDIN MIYAN R/O VILLAGE- SUJAWN (SUJAW), P.S.- NAUTAN, DISTRICT- SIWAN 3.

KAMRUDDIN MIYAN @ KAMRUDDIN ANSARI SON OF LATE SUJAYAT MIYAN R/O VILLAGE- SUJAWN (SUJAW), P.S.- NAUTAN, DISTRICT- SIWAN 4.

KALAMUDDIN @ MD. KALAM ANSARI SON OF LATE WASIR MIYAN R/O VILLAGE- SUJAWN (SUJAW), P.S.- NAUTAN, DISTRICTSIWAN 5.

DILDAR @ DILDAR ANSARI SON OF ALI AHMAD MIYAN R/O VILLAGE- SUJAWN (SUJAW), P.S.- NAUTAN, DISTRICT- SIWAN 6.

ABBAS ANSARI @ MD. ABBAS ANSARI SON OF LATE WASIR MIYAN R/O VILLAGE- SUJAWN (SUJAW), P.S.- NAUTAN, DISTRICTSIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 324 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, these petitioners along

Patna High Court CR. MISC. No.14954 of 2022(5) dt.29-11-2022 2/3 with other accused persons assaulted the informant and his family members as a result of which they sustained multiple injuries.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that allegation of assault is general and omnibus. There is case and counter case between the parties. Petitioners have got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioners No.1, 4 and 5 assaulted the informant as a result of which he sustained grievous injuries.

Taking into consideration the facts aforesaid, I am not inclined to enlarge petitioners No. 1, 4 and 5 on anticipatory bail Accordingly, their prayer is rejected.

Considering the fact that allegation of assault against petitioners No. 2, 3 and 6 is general and omnibus and they have got clean antecedent, let the petitioners, No. 2, 3, 6 above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st

Patna High Court CR. MISC. No.14954 of 2022(5) dt.29-11-2022 3/3 class, Siwan in connection with Nautan PS case No. 281/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T