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Patna High CourtCR. MISC./27709/2019bail granted

Md. Mozahid @ Md. Mozahid Hussan Ansari @ Md. Mojahid Ansari v. The State Of Bihar

2019-05-01Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27709 of 2019 Arising Out of PS. Case No.-176 Year-2017 Thana- DHAMDAHA District- Purnia ====================================================== 1.

MD. MOZAHID @ MD. MOZAHID HUSSAN ANSARI @ MD. MOJAHID ANSARI Son of Md. Habib Ansari R/o Village- Sonapur, P.S.- Dhamdaha, District- Purnea.

2.

Md. Aklakh @ Md. Akhlakh Ansari Son of Md. Mozahid @ Md. Mozahid Hussain Asnari @ Md. Mojahid Ansari R/o Village- Sonapur, P.S.- Dhamdaha, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dhamdaha P.S. Case No. 176 of 2017, registered for the offences punishable under Sections 147, 148, 149, 323, 341, 352, 337 307, 427 of the Indian Penal Code.

On arrival in the village in the investigation of Dhamdaha P.S. Case No. 175 of 2017 informant noticed 15-20 persons assaulting the informant of the aforesaid case, while 4050 other persons standing there armed with lathi-danda. When informant tried to intervene the occurrence they also attacked on

Patna High Court CR. MISC. No.27709 of 2019(2) dt.01-05-2019 2/2 police party and damaged police jeep and one persons wrapping Gamacha on his neck dragged him.

It is submitted by the learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners are not the accused of Dhamdaha P.S. Case No. 175 of 2017. The allegation levelled against the petitioners are not specific rather general and omnibus in nature. Injury sustained by the victims is simple in nature. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Dhamdaha P.S. Case No. 176 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T