Md. Shahnawaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31583 of 2019 Arising Out of PS. Case No.-230 Year-2018 Thana- KEWATI District- Darbhanga ====================================================== 1.

MD. SHAHNAWAZ ALAM Son of Md. Sakir Resident of Village - Jalwara, P.S.- Keoti, Dist.- Darbhanga.

2.

Md. Shahwaz Alam Son of Md. Sakir Resident of Village - Jalwara, P.S.- Keoti, Dist.- Darbhanga.

3.

Md. Faisal Son of Ajmat Ali Resident of Village - Jalwara, P.S.- Keoti, Dist.- Darbhanga.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Keoti P.S. Case No. 230 of 2018 for the offence punishable under Sections 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

There are four persons named in the First Information Report, including the present three petitioners. There is allegation against co-accused Ajmat Ali of having assaulted the informant's nephew in his head with a sword, causing grievous injuries. It is alleged against these petitioners that they assaulted the informant's son and his nephew, Md. Chand, with lathi.

Patna High Court CR. MISC. No.31583 of 2019(2) dt.13-05-2019 2/2 Learned counsel appearing on behalf of the petitioners has submitted that the injury, allegedly caused by the co-accused Ajmat Ali, has been found to be grievous in nature, which has not been caused by these petitioners. Considering the above submission, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned A.C.J.M.-VII, Darbhanga, in Keoti P.S. Case No. 230 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T