Md. Usuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23207 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- JAMUI District- Jamui ====================================================== 1.

MD. USUF S/o Md. Imran Resident of Village-Amin, P.S. and DistrictJamui. 2.

Md. Parwez Son of Md. Usuf Resident of Village-Amin, P.S. and DistrictJamui. 3.

Md. Laddan Son of Md. Usuf Resident of Village-Amin, P.S. and DistrictJamui. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Ajay Kumar No.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 324, 307, 447,

Patna High Court CR. MISC. No.23207 of 2020(2) dt.30-09-2020 2/3 448, 504 of I.P.C.

Allegation is that the accused persons including the petitioners assaulted the informant's husband and father-in-law by means of lathi, danda, axe, bhujali, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. case No.26 of 2020, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.23207 of 2020(2) dt.30-09-2020 3/3 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T