Md. Mustquim And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70927 of 2018 Arising Out of PS. Case No.-64 Year-2015 Thana- BABUBARHI District- Madhubani ======================================================
1. Md. Mustquim, Son of Md. Abdul Latif
2. Md. Izharul @ Md. Izrail Haque, Son of Md. Abdul Latif
3. Md. Shamim @ Shamim Ahamad, Son of Md. Abdul Latif
4. Md. Israil Son of Md. Muslim
5. Md. Mukhtar @ Md. Mokhtar Alam, Son of Md. Murtuza Hussain
6. Md. Israfil Son of Md. Muslim,
7. Md. Mojibur Rahman Son of Md. Ayub All Village-Babubarhi,P.S. Babubarhi, Distt.-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Adv.
For the Opposite Party/s :
Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/307/323/341/353/384/504 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report submitted by Md. Jahagir Ali to the Station House Officer, Babubarhi Police Station to the effect the informant being the Secretary of Islahul Muslemin Baburhi Madarsa on 07.05.2015 at 7.15 A.M. made an inspection of the aforesaid
Patna High Court Cr.Misc. No.70927 of 2018(2) dt.18-12-2018 2/3 Madarsa and asked about it from petitioner no.1, Md. Mustquim, the Assistant teacher of the said Madarsa, then he accompanied the informant into a room and requested to take seat. Later on petitioner no.2, Izharul Haque locked the door from outside. Subsequently, all the accused persons named in the FIR variously armed arrived there, opened the door and they assaulted the informant and caused injury.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against all the FIR named accused persons, including the petitioners. On conclusion of investigation, the final form was submitted under the bailable provisions, however, differing with the final form cognizance was taken. There is a counter version of the occurrence, being Babuarhi P.S. Case 63 of 2015. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that the petitioners are named in the FIR.
Considering the omnibus and general nature of accusation, on conclusion of investigation, final form was submitted under bailable provisions, coupled with statement made in paragraph no.3 of the petition that the petitioners are
Patna High Court Cr.Misc. No.70927 of 2018(2) dt.18-12-2018 3/3 not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Madhubani, in connection with Babubarhi P.S. Case No.64 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T