Md. Nizamuddin @ Md. Nazam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7545 of 2018 Arising Out of PS. Case No.-324 Year-2017 Thana- PALASI District- Araria ======================================================
1. Md. Nizamuddin @ Md. Nazam, Son of Late Farmuddin,
2. Md. Alauddin, Son of Late Akhter
3. Md. Nasim, Son of Late Farmuddin,
4. Md. Sohail @ Md. Sehil, Son of Md. Alauddin.
5. Md. Talib @ Md. Talim, Son of Md. Alauddin.
6. Md. Ayas, Son of Late Tamizuddin, All are resident of VillageKakorwa, Police Station- Palasi, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana For the Opposite Party/s :
Mr. SRI MANOJ KUMAR - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2018 After some arguments, the learned counsel for the petitioners seeks to withdraw the present petition as against the petitioner no. 4, who is said to have assaulted by rod and caused injuries as well as petitioner no. 6 against whom there are three cases pending from before, as has been brought to the notice of this Court by the learned counsel appearing for the informant. The prayer is allowed.
The anticipatory bail petition as regard the petitioners no. 4 and 6, are disposed off as withdrawn.
Now, coming to the merit of the case, it is allegation of the prosecution side that the accused persons had conspired together and assaulted the husband of the informant resulting him
Patna High Court Cr.Misc. No.7545 of 2018(3) dt.26-02-2018 2/2 sustaining grievous injury.
The learned counsel for the petitioners submits that as far as the petitioners no. 1, 2, 3 and 5 are concerned, there is general and omnibus allegation against them and the FIR would also show that no specific allegation of any overt act has been levelled against them.
Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners no. 1, 2, 3 and 5 herein to the privilege of anticipatory bail, 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 on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in connection with Palasi P.S. Case No. 324 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T