Md. Kurban v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20600 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== 1.
Md. Kurban Son of Late Md. Mokim, Resident of Village- Malin, Belha, P.S.- Lalmaniya O.P., Dist.- Madhubani 2.
Md. Imran @ Md. Ibran Son of Md. Mumtaj, Resident of Village- Malin, Belha, P.S.- Lalmaniya O.P., Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Laukaha P.S. Case No.198 of 2023 instituted under Sections 147, 149, 341, 342, 323, 332, 333, 353, 427, 504 and 506 of the I.P.C.
3. As per prosecution case, 22 accused persons including the petitioners, during panchayati, were involved in beating one person and when the police went to rescue him, they misbehaved with the police. The local chowkidar identified the accused persons.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the
Patna High Court CR. MISC. No.20600 of 2024(3) dt.08-05-2024 2/2 petitioners. Petitioner no.1 has three criminal antecedents in which he is on bail and petitioner no.2 has one criminal antecedent. No one has got injury in the occurrence and they are ready to cooperate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released 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 Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No.198 of 2023 (G.R. No.1334 of 2023), subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T