Patna High CourtCR. MISC./16135/2016bail granted

Md. Tauquir And ORS v. The State Of Bihar

2016-05-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16135 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -AANTI District- GAYA ======================================================

1. Md. Tauquir Son of Md Israil

2. Md. Mustakim Son of Md. Chhedi

3. Md. Aftab Son of Md. Naseem

4. Md. Gulam Quadir Son of Shamsuddin All resident of VillageVishwanathpur, P.S.- Anti, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Adv. For the Opposite Party/s : Mr. Dr.Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2016 Heard both sides.

The petitioners apprehend their arrest in Aanti P.S. Case No. 45/2015, registered for the offences punishable under Sections 147, 148, 149, 323, 341, 448, 427, 307, 379, 337 and 504 of the Indian Penal Code.

Some dispute arose between two sides at the time of offering Namaz in the mosque on the occasion of Bakrid. When the informant raised objection on the manner of offering Namaz of Imam the accused persons surrounded the house of the informant and assaulted him and his family members.

There is no specific allegation of assault against the

Patna High Court Cr.Misc. No.16135 of 2016 (2) dt.02-05-2016 2/2 petitioner no. 1-3. Md. Gulam Quadir petitioner no. 4 is alleged to have assaulted Md. Irfan with lathi on his head, but the injury found on the head of the Md. Irfan is simple in nature. Similarly situated co-accused persons have already been enlarged on anticipatory bail vide order passed in Cr. Misc. 12493/2016. Considering the facts aforesaid, petitioner no. 1 Md. Tauquir, petitioner no. 2. Md. Mustakim, petitioner no. 3 Md. Aftab and petitioner no. 4. Md. Gulam Quadir, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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, Gaya in connection with Anti P.S. Case No. 45/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T