Patna High CourtCR. MISC./23456/2020allowed

Md. Abbash @ Md. Abbas Hussain v. The State Of Bihar

2021-01-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23456 of 2020 Arising Out of PS. Case No.-569 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

Md. Abbash @ Md. Abbas Hussain, aged about 60 years (male) S/O Md. Husain 2.

Md. Aashif @ Md. Ashif Azad, aged about 33 years (Male), Son of Md. Abbas AZad Both are resident of Village - Raghunathpur Donwa 3.

Md. Ershad @ Md. Ishad, aged about 31 years (Male) S/O Md. Ilyas 4.

Md. Irfan, aged about 24 years (Male), S/O Md. Iliyas 5.

Md. Eliyash, aged about 52 years (Male), Son of Md. Hussain 3 to 5 resident of Village-Manohar Patti, All are PS.- Sakara, District - Muzaffarpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Raju Kumar, Advocate For the Opposite Party :

Mr.Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-01-2021 Learned counsel for the petitioners is permitted to make necessary correction in the prayer portion of the petition during course of the day.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners are apprehending arrest in connection with Sakara P.S. Case No.569 of 2018 for offences under Sections 147, 148,149, 341, 323, 307, 427, 353, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedents. The allegation against

Patna High Court CR. MISC. No.23456 of 2020(3) dt.11-01-2021 2/2 the petitioners is that they forcibly took back the recovered kidnapped girl from possession of the police party, inflicted rod blow on the head of Home Guard and also caused injury on his head. Learned counsel further submits that similarly circumstanced seven petitioners in Cr. Misc. No. 33932 of 2019, six petitioners in Cr. Misc. No. 34878 of 2019 and six petitioners in Cr. Misc. No. 23250 of 2019, have been granted anticipatory bail by different Benches of this Court. Considering the the fact that similarly circumstanced accused persons have been granted anticipatory bail, the Court is inclined to grant privilege of anticipatory bail to the petitioners.

Let petitioners, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIV, Muzaffarpur in connection with Sakara P.S. Case No.569 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.