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Patna High CourtCR. MISC./48325/2015bail granted

Md. Naushad And ORS v. The State Of Bihar

2016-01-25Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48325 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -JALE District- DARBHANGA ======================================================

1. Md. Naushad, Son of Md. Wahab

2. Md. Anzar, Son of Md. Wahab

3. Md. Abrar, S/o Md. Wahab

4. Md. Ali, S/o Md. Abbas

5. Md. Sami @ Md. Sami Ahmad, S/o Md. Abbas

6. Md. Naqui, Son of Md. Abbas

7. Md. Arzoo, S/o Md. Naqui

8. Md. Ahmad, Son of Md. Naqui

9. Md. Sabbir, Son of Md. Illiyas

10. Md. Iftekhar, Son of Md. Illiyas All residents of Village - Katraul, P.S. Jalay, District - Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s : Ms. Veena Rani Pd.(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-01-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Jaley P.S. Case No.124 of 2015 for allegedly having committed the offences under Sections 147, 148, 149, 447, 341, 323, 324, 307, 380 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that Petitioner No.1 Md. Naushad, Petitioner No.2 Md. Anzar,

Patna High Court Cr.Misc. No.48325 of 2015 (2) dt.25-01-2016 2/3 Petitioner No.3 Md. Abrar and Petitioner No.6 Md. Naqui have been taken into custody. As such, this application as against them has become infructuous.

So far as prayer for anticipatory bail on behalf of Petitioner Nos.4, 5, 7, 8, 9 and 10 are concerned, learned counsel for the petitioners submits that there is general and omnibus allegation against these petitioners and no specific role has been attributed to them. He further submits that the main accused Md. Jamshed along with four others have been extended the privilege of anticipatory bail in Cr.Misc. No.54582 of 2015, vide order dated 2.12.2015. Learned counsel further submits that the case of these petitioners is on better footing and thus they deserve similar privilege. Considering the aforementioned facts and circumstances and that the petitioners are also not having criminal antecedents and also that the main accused has already been extended the privilege of anticipatory bail, let Petitioner No.4 Md. Ali, Petitioner No. 5 Md. Sami @ Md. Sami Ahmad, Petitioner No.7 Md. Arzoo, Petitioner No.8 Md. Ahmad, Petitioner No.9 Md. Sabbir and Petitioner No.10 Md. Iftekhar, in the event of their arrest or surrender before the court below within a period of four weeks from the date of

Patna High Court Cr.Misc. No.48325 of 2015 (2) dt.25-01-2016 3/3 receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Darbhanga, in connection with Jaley P.S. Case No.124 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T