Raja @ Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26555 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BARHARIA District- Siwan ====================================================== 1.
Raja @ Raza Son of Babuddin Ali @ Babyddin Ali @ Babudin Ali 2.
Raju Son of Babuddin Ali @ Babyddin Ali @ Babudin Ali 3.
Babuddin Ali @ Babyddin Ali @ Babudin Ali Son of Late Gani Miyan 4.
Samim Son of Awashiar Sah @ Wasihar Sah All resident of Village - Khurwa, P.S.- Badharia, Distt.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Adv.
For the State :
Mr. Nagendra Prasad, APP For the Informant :
Mr. Prashant Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-05-2019 This is an application for grant of anticipatory bail in connection with Badharia P.S. Case No. 36 of 2019, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 of the Indian Penal Code and later on added Section 302 of the Indian Penal Code.
F.I.R. disclosed that petitioners and several other accused persons came at the door of the informant and specific allegation against Mahboob Alam and Asif Ali is that they stabbed the son of the informant causing injury to him and there is general allegation of assault against these petitioners also. Submission of learned counsel for the petitioners is
Patna High Court CR. MISC. No.26555 of 2019(3) dt.14-05-2019 2/2 that though they are named in the F.I.R., but no specific allegation has been attributed against them.
Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner on the ground that all the accused persons came variously armed at the door of the informant and caused occurrence.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Badharia P.S. Case No. 36 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T