Md. Rafik @ Rafik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24347 of 2019 Arising Out of PS. Case No.-444 Year-2018 Thana- RANIGANJ District- Araria ====================================================== 1.

Md. Rafik @ Rafik Age -46 Years Male, Son of Late Gulam Ali, 2.

Md. Jhantu Age -26 Years Male, son of Wazul Both are resident of Village - Dumaria, Ward No.5, P.S. - Raniganj, District Araria.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-04-2019 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, 341, 323, 379, 307, 354(B), 504 and 506 of the Indian Penal Code registered in connection with Raniganj P.S. Case No. 444 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties. As many as nine persons are said to have assaulted the informant's side and the thrust of accusation of assault with farsa on the head of the informant is against co-accused Md. Mastaque. The accusation of assault is otherwise general and omnibus against all the other accused persons including the petitioners. The injuries sustained by the injured are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' 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 bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court CR. MISC. No.24347 of 2019(2) dt.22-04-2019 2/2 satisfaction of learned Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 444 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) 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. (iv) 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. BT/- (Vikash Jain, J) U T