Mahajuddin Khan @ Mahazuddin Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32209 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

MAHAJUDDIN KHAN @ MAHAZUDDIN KHAN Son of Late Jainuddin Khan Resident of Village - Sihuli, P.S.- Rafiganj, District- Aurangabad 2.

Salahuddin Khan @ Salauddin Khan Son of Late Jainuddin Khan Resident of Village - Sihuli, P.S.- Rafiganj, District- Aurangabad 3.

Meraj Khan @ Miraz Khan Son of Mahajuddin Khan @ Mahazuddin Khan Resident of Village - Sihuli, P.S.- Rafiganj, District- Aurangabad 4.

Zeyauddin Khan Son of Mahajuddin Khan @ Mahazuddin Khan Resident of Village - Sihuli, P.S.- Rafiganj, District- Aurangabad 5.

Sadab Khan Son of Ezaz Khan Resident of Village - Sihuli, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Rafiganj P.S. Case No. 41 of 2019, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

It is alleged that the persons named in the FIR hurled abuses and when objected to by the informant's nephew, they assaulted him with Lathi. When other persons came to his rescue, they were also assaulted by the accused persons, it is

Patna High Court CR. MISC. No.32209 of 2019(2) dt.15-05-2019 2/2 alleged.

Learned counsel for the petitioners has submitted that, as a matter of fact, the present case is the counterblast to an FIR, got registered by the wife of petitioner no.3. Considering the nature of allegation, 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 bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. Case No. 41 of 2019, subject to the condition 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) HR/- U T