Md. Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20940 of 2019 Arising Out of PS. Case No.-264 Year-2018 Thana- TAJPUR DistrictSamastipur ====================================================== 1.

MD. AKHTAR, aged about 38 years, male, Son of Md. Monif Resident of Village - Mohammadpur Koaari, P.S.- Tajpur (Waini O.P.), District - Samastipur 2.

Nur Mohammad, aged about 40 years, male, Son of Md. Wakil Resident of Village - Mohammadpur Koaari, P.S.- Tajpur (Waini O.P.), District - Samastipur ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Madhubala Verma, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 307, 323, 324, 341, 354, 379, 447, 504 and 506 of the Indian Penal Code registered in connection with Tajpur (Waini O.P.) P.S. Case No. 264 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The accusation of assault is general and omnibus without any specific assaulted attributed individually. Injuries resulting from the assault alleged against the petitioners are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners'

Patna High Court CR. MISC. No.20940 of 2019(2) dt.04-04-2019 2/2 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Samastipur in connection with Tajpur P.S. (Waini O.P.) Case No. 264 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T