Shamim Akhtar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14884 of 2017 Arising Out of PS.Case No. -126 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Shamim Akhtar, Son of Abdul Razzaque,

2. Nasim, Son of Abdul Razzaque,

3. Mukarram, Son of Abdul Razzaque,

4. Pintu, Son of Abdul Razzaque,

5. Shale, Son of Sakib,

6. Taksir, Son of Ghulai,

7. Fida Hussain, Son of Wazuddin,

8. Arif, Son of Mohiuddin,

9. Warik, Son of Mohiuddin,

10. Firoz, Son of Tahir,

11. Shamsad, Son of Ahmad,

12. Dulchand Sah, Son of Mudan Sah,

13. Rahbar, Son of Rouf,

14. Jamal, Son of Salauddin,

15. Laddu, Son of Jamal,

16. Masrul, Son of Islam,

17. Marghub, Son of Lathi,

18. Majid, Son of Ishaque,

19. Wasimur Rahman, Son of Abdul Razzaque, All are Resident of VillageBagdahra, P.S.- Jokihat, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2017 The petitioners are apprehending their arrest in connection with Jokihat P.S. Case No. 126 of 2016, registered for offences punishable under Sections 147, 341, 323, 324, 307, 379, 504 nd 506 of the Indian Penal Code.

It has been submitted that this is a case and counter case

Patna High Court Cr.Misc. No.14884 of 2017 (2) dt.06-04-2017 2/3 between the parties. All the allegations are general and omnibus in nature against all these petitioners except petitioner nos.2 and 3. As such, allegation against petitioner no.2 is that he assaulted to Khurshid with Dabiya and petitioner no.3 assaulted to Noman with lathi.

Further, it appears that injuries report is not available on record against both sides.

Heard learned A.P.P. also.

Since there is specific allegation against petitioner nos. 2 and 3 and injury report is not available on record, let the petitioner nos. 2 and 3 surrender before the court below and pray for regular bail which will be considered by the court below on the basis of injury and other materials available on record. So far other petitioners are concerned, having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioners have no criminal antecedent and only general and omnibus allegation has been levelled against them, let the petitioners above named (except petitioner nos. 2 and 3), in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like

Patna High Court Cr.Misc. No.14884 of 2017 (2) dt.06-04-2017 3/3 amount each to the satisfaction of learned ACJM-II, Araria in connection with Jokihat P.S. Case No. 126 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds. Accordingly, this application is disposed off. (Vinod Kumar Sinha, J) Ravi/- U T