Md Tauhid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29362 of 2021 Arising Out of PS. Case No.-549 Year-2020 Thana- MAHUA District- Vaishali ====================================================== 1.

MD TAUHID SON OF MD. ANJAR RESIDENT OF VILLAGEJIRWARA, RUSULPUR FATAH, P.S.- MAHUA, DISTRICT- VAISHALI 2.

MD. TANVEER ALAM SON OF ANWARUL HAQ RESIDENT OF VILLAGE- JIRWARA, RUSULPUR FATAH, P.S.- MAHUA, DISTRICTVAISHALI 3.

MD. ASIF SON OF MD. NOOR ALAM RESIDENT OF VILLAGEJIRWARA, RUSULPUR FATAH, P.S.- MAHUA, DISTRICT- VAISHALI 4.

MD. ASARF @ BHULLA SON OF LATE MD. HASNAIN RESIDENT OF VILLAGE- JIRWARA, RUSULPUR FATAH, P.S.- MAHUA, DISTRICTVAISHALI 5.

MD. NURSID ALAM @ NURSID ALAM SON OF MD. KHURSHID ALAM RESIDENT OF VILLAGE- JIRWARA, RUSULPUR FATAH, P.S.- MAHUA, DISTRICT- VAISHALI 6.

MD. IRFAN SON OF MD. AKHTAR HUSSAIN RESIDENT OF VILLAGE- JIRWARA, RUSULPUR FATAH, P.S.- MAHUA, DISTRICTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable Sections 147, 149, 341, 323, 324, 448, 354 and 379 of the Indian Penal Code. It is a case of assault upon the head of the informant by means of sword by the accused persons, resulting bleeding

Patna High Court CR. MISC. No.29362 of 2021(2) dt.09-02-2022 2/2 from her head.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is general and omnibus allegation against all the petitioners and the specific allegation of assault by means of sword is against co-accused Md. Jawed @ Guddu and further submits that there is no case of outraging the modesty of the informant. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 549 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T