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Patna High CourtCR. MISC./29657/2022bail granted

Md. Mozammil @ Dablu v. The State Of Bihar

2022-11-18Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29657 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- JAMUI District- Jamui ====================================================== 1.

MD. MOZAMMIL @ DABLU SON OF MD. SHAUKAT 2.

MD. MOHIBUDDIN @ MOHIUDDIN SON OF MOINUDDIN 3.

MD. HABIBUR RAHMAN SON OF LATE PALTAN 4.

MD. SARFUDDIN @ BHOLU SON OF ELAHIBAKSH 5.

MD. MUNSIF @ PULASIA SON OF MASLUDDIN 6.

MODASSIR @ MODASSIR MIYAN @ SONU SON OF MD. ZAMAL 7.

MD. MOZAHID @ MOZAHIR SON OF MOINUDDIN 8.

MD. MOSADIK SON OF MOHIMUDDIN All are R/O - VILL - SANGTHU, P.S. - JAMUI, DIST. - JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 153(A), 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.

Patna High Court CR. MISC. No.29657 of 2022(2) dt.18-11-2022 2/3 The informant alleges that the accused persons were raising religion slogans, an anti India slogan. Further, Masluddin Miya assaulted her nephew by butt of the pistol as earlier he had tried to shoot him.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that the allegation no doubt appears to be serious but the same is general and omnibus in nature. It is next submitted that on account of dispute of the informant and Masluddin Miya, the present case came to be instituted. It is also submitted that Jamui P.S. Case No. 30 of 2022, dated 28.01.2022 from the side of the petitioners was also registered wherein it was alleged that Pappu Mandal fired causing injury on the chest of Masluddin Miya and he was referred to PMCH for medical treatment. Learned counsel submits that since Pappu Mandal had shot Masluddin Miya, as such, the present false case came to be instituted when petitioners admittedly are persons with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

Patna High Court CR. MISC. No.29657 of 2022(2) dt.18-11-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jamui P.S. Case No. 31 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T