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Patna High CourtCR. MISC./33273/2020bail granted

Md. Jahangir, v. The State Of Bihar,

2021-02-25Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33273 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.

Md. Jahangir, son of Late Shaukat, resident of Village - Rahmatganj, P.S. - Shrinagar, Dist- Madhepura.

2.

Md. Nanhe, son of Late Shaukat, resident of Village - Rahmatganj, P.S. - Shrinagar, Dist- Madhepura.

3.

Md. Manir, son of Md. Gulzar, resident of Village - Rahmatganj, P.S. - Shrinagar, Dist- Madhepura.

4.

Md. Laddu, son of Md. Alim, resident of Village - Rahmatganj, P.S. - Shrinagar, Dist- Madhepura.

5.

Md. Guddu, son of Late Md. Abbas, resident of Village - Rahmatganj, P.S. - Shrinagar, Dist- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 307, 295(A), 353 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, on the information of tense situation between

Patna High Court CR. MISC. No.33273 of 2020(2) dt.25-02-2021 2/3 two community, the informant along with police personnel reached at Laxmipur Bhagwati Ward No. 14 where after seeing the police, the supporters of both parties with intention to kill fired at each other but no one got injured and they fled away. It is further alleged that supporters of Panchu Das coaxed the villagers that the police is spoiling harmony due to which, the villagers obstructed the police and began to misbehave with them and they restrained the police to discharge their duties. He further discloses names and addresses of supporters of Md. Jahangir as well as Panchanan Das. He further alleged that there were 100-150 unknown persons also in committing above occurrence.

It has been submitted on behalf of the petitioners that the petitioner No. 3 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Altogether 16 persons are named in the FIR along with 100-150 unknown persons.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Patna High Court CR. MISC. No.33273 of 2020(2) dt.25-02-2021 3/3 Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Shrinagar P.S. Case No. 24 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T