Md. Sajiuddin @ Md. Sajimuddin And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40037 of 2014 Arising Out of PS.Case No. -582 Year- 2013 Thana -SAHARSA District- SAHARSA ======================================================
1. Md. Sajiuddin @ Md. Sajimuddin son of Late Naziruddin
2. Md. Wasi Ahmad son of Md. Sajimuddin
3. Md. Abul Kaish, son of Md. Sajimuddin All resident of village Raupnagra, P.S. Saharsa District Saharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-03-2015 In view of order of this Court dated 04.02.2015 this application for anticipatory bail has already been dismissed as infructuous as against petitioner nos. 1 and 3. Hence, this application has been pressed only on behalf of petitioner no. 2 Md. Wasi Ahmad.
Heard learned counsel for petitioner no. 2 and learned counsel for the State.
Petitioner no. 2 Md. Wasi Ahmad is apprehending arrest in Saharsa P.S. Case No. 582 of 2013 registered under sections 341, 323, 447, 379, 427, 307/34, 302 of the Indian Penal Code.
Learned counsel for the petitioner submitted that from a bare perusal of the F.I.R. itself it appears that all these
Patna High Court Cr.Misc. No.40037 of 2014 (3) dt.25-03-2015 persons had collected together for sowing Potato in the field and it was on account of certain outburst that the incident took place. It is further submitted that petitioner no. 2 has not been assigned any particular role except the fact that he was present at the place of occurrence.
Considering the aforementioned submissions and the fact that there is no specific allegation against petitioner no. 2 Md. Wasi Ahmad, in the event of his arrest or surrender before the learned court below within a period of two 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) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 582 of 2013, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.
(Anjana Mishra, J) Amin/- U