Quddus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 25413 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- JOKIHAT District- Araria ====================================================== 1.

QUDDUS 50 years (M) Son of Late Sagir 2.

Imran 25 years (M) Son of Quddus 3.

Bechan @ Mojahid 32 years (M) Son of Rajjak 4.

Sarwar 28 years (M) Son of Islam 5.

Islam 58 years (M) Son of Saidul 6.

Masood 30 years (M) Son of Late Gul Mohammad 7.

Samshad 36 years (M) Son of Late Gul Mohammad 8.

Naushad 36 years (M) Son of Alim 9.

Talib 32 years (M) Son of Baharuddin 10.

Baharuddin 45 years (M) Son of Late Sagir 11.

Junun 26 years (M) Son of Yakub, all resident of Village - Satbita, P.s.- Jokihat , Distt.- 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.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-04-2019 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Jokihat P.S. Case No. 216 of 2018 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

Learned counsel appearing for the petitioners

Patna High Court CR. MISC. No. 25413 of 2019(2) dt.19-04-2019 2/3 submits that petitioners have been falsely implicated in this case due to previous enmity. There is admitted land dispute between the parties. No specific overt act is alleged against these petitioners.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that there are specific allegations against petitioner nos. 3, 4, 6 and 8 and the injury report also supports the same. So far as other petitioners are concerned, allegations are general and omnibus.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner nos. 1, 2, 5, 7, 9, 10 and 11, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 216 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.

So far as petitioner nos. 3, 4, 6 and 8, above named are concerned, considering the nature of allegations

Patna High Court CR. MISC. No. 25413 of 2019(2) dt.19-04-2019 3/3 supported by the Injury Report, this Court is not inclined to grant them the privilege of anticipatory bail. Their prayer for bail is, accordingly, rejected.

(Arvind Srivastava, J) mcv/- U T