Md Sehruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19146 of 2022 Arising Out of PS. Case No.-280 Year-2021 Thana- KADWA District- Katihar ====================================================== 1.

MD SEHRUDDIN S/o Md. Yunus Resident of Village- Bharri, P.O.- Bharri, P.S.- Kodwa, Distt- Katihar.

2.

Md. Manarul S/o Md. Yunus Resident of Village- Bharri, P.O.- Bharri, P.S.- Kodwa, Distt- Katihar.

3.

Md. Majarul S/o Md. Allauddin Resident of P.S.- Singalpur, P.O.- Sonaili, P.S.- Kadwa, Distt- Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yatindra Narayan, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 353, 188, 436, 307, 356, 171(G), 171(H), 379, 504, 506 of the Indian Penal Code.

Prosecution case, in short, is that on 29.11.2021 the informant along with police personnel were on duty in course of

Patna High Court CR. MISC. No.19146 of 2022(2) dt.11-05-2022 2/3 panchayat election and on the basis of information they reached at booth No.329 of village Singalpur, where anti social elements were made obstruction in election proceeding and scuffle took place, due to which C.O. Uday Kant Mishra sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. A scuffle is said to have taken place in course of election.

Altogether 39 named persons alongwith 200-250 unknown persons have been made accused in the present case. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kadwa P.S.

Patna High Court CR. MISC. No.19146 of 2022(2) dt.11-05-2022 3/3 No.280/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T