Najabu Mansari @ Najabu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28356 of 2020 Arising Out of PS. Case No.-48 Year-2020 Thana- AGIAON BAZAR District- Bhojpur ====================================================== 1.

NAJABU MANSARI @ NAJABU MIYAN S/o Late Raju Miyan Resident of Village- Amehta, P.S.- Agion Bazar, District- Bhojpur. 2.

Anwar Alam @ Anwar Miyan S/o Shalim Miyan Resident of VillageAmehta, P.S.- Agion Bazar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2021 Heard counsel for the petitioner, counsel for the informant and the State.

The petitioners seek bail in Agion Bazar P.S. Case No. 48 of 2020, registered for the offence punishable under Sections 341, 323, 302, 307, 504 and 506/34 of the Indian Penal Code. As per prosecution case, the accused persons including the petitioners came at the door of the informant having variously armed and started assaulting the informant. When informant's brother Md. Khurshid came to rescue he was also assaulted by the accused persons and the accused persons also assaulted other family members of the informant. It is submitted on behalf of the petitioners that there is

Patna High Court CR. MISC. No.28356 of 2020(3) dt.08-01-2021 2/3 general and omnibus allegation. The doctor has found only one injury on the head of the deceased. Injury caused to other persons found to be simple in nature. Chargesheet has already been submitted. Petitioners are in custody since 27.05.2020 having clean antecedent, as stated in para 3 of the petition. Counsel for the informant however vehemently opposed the prayer for bail.

Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged 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 the learned Additional Chief Judicial Magistrate VIII, Bhojpur at Ara in connection with Agion Bazar P.S. Case No. 48 of 2020, subject to following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.28356 of 2020(3) dt.08-01-2021 3/3 to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T