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Patna High CourtCR. MISC./23375/2020disposed

Md. Mojib @ Md. Mujib v. The State Of Bihar

2021-12-09Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23375 of 2020 Arising Out of PS. Case No.-230 Year-2019 Thana- DAGARUA District- Purnia ====================================================== 1.

MD. MOJIB @ MD. MUJIB S/o Md. Maheer @ Md. Maheeruddin Resident of Sakrail, P.S.- Dagarua, District- Purnea 2.

Md. Rakib @ Md. Raqueeb @ Md. Raquib S/o Md. Maheer @ Maheeruddin Resident of Sakrail, P.S.- Dagarua, District- Purnea 3.

Md. Taukir @ Tokir @ Tauqeer S/o Md. Maheer @ Md. Maheeruddin Resident of Sakrail, P.S.- Dagarua, District- Purnea 4.

Md. Maheer @ Md. Maheeruddin Son of Late Razabul Resident of Sakrail, P.S.- Dagarua, District- Purnea 5.

Md. Qamrul @ Md. Qamrul Hoda S/o Late Razabul Resident of Sakrail, P.S.- Dagarua, District- Purnea 6.

Md. Zainul S/o Sharif Resident of Patringa Tola Rahika, P.S.- Dagarua, Distt- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-12-2021 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend the arrest for the offences alleged under Sections 341, 323, 427, 307, 325, 504 and 34 of the Indian Penal Code, registered in connection with

Patna High Court CR. MISC. No.23375 of 2020(3) dt.09-12-2021 2/3 Dagarua P.S.Case No.230 of 2019.

As per the FIR, altogether six accused persons surrounded the informant and petitioner no.2 inflicted an iron rod blow on his head which was warded off by the informant by his hands. The infliction fell on his hand, resulting in fracture injury.

Learned counsel for the petitioners has submitted that so far as the allegation against other petitioners, except petitioner no.2, is concerned, the same is general and omnibus in nature.

Learned APP, on the other hand, opposed the prayer for anticipatory bail.

The informant sustained grievous injuries and the author of the injury is petitioner no.2. As such, the prayer for anticipatory bail of the petitioner is rejected. So far as the other petitioners, i.e. 1, 3, 4, 5 and 6 are concerned, let them, in the event of arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned J.M. 1st Class, Purnea in connection with Dagarua P.S.Case No. 230 of 2019, subject to the

Patna High Court CR. MISC. No.23375 of 2020(3) dt.09-12-2021 3/3 conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T