Md. Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39535 of 2024 Arising Out of PS. Case No.-468 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Md. Kalam Son Of Md. Alauddin Village- Kailachak, Ps- Bidupur, DistVaishali 2.

Md. Riyaz Son Of Md. Mukhtar Village- Kailachak, Ps- Bidupur, DistVaishali 3.

Md. Maqsood Son Of Md. Riyaz Village- Kailachak, Ps- Bidupur, DistVaishali 4.

Md. Iliyas Son Of Md. Juber Village- Kailachak, Ps- Bidupur, Dist- Vaishali 5.

Md. Alamgir @ Dardu Son Of Md. Iliyas Village- Kailachak, Ps- Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Pandey, Advocate For the State :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-07-2024 Heard Mr. Vinod Pandey, learned counsel for the petitioners and Mr. Satya Nand Shukla, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Bidupur P.S. Case No. 468 of 2023, F.I.R. dated 07.08.2023 for the offences punishable under Sections 341, 323, 354, 379, 307, 504, 506 and 34 of the Indian Penal Code.

3. According to prosecution case, petitioners are said to have assaulted to the informant.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been

Patna High Court CR. MISC. No.39535 of 2024(2) dt.10-07-2024 2/3 implicated in the present case due to admitted land dispute between the parties. He further submits that there is no specific allegation of any assault or overt act rather general and omnibus allegation against all the accused persons including the petitioners. He further submits that specific allegation of assault is against the co-accused person, namely, Md. Nazare Alam.

5. The learned Additional Public Prosecutor for the State, on the other hand, has opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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, Hajipur, Vaishali in connection with Bidupur P.S. Case No. 468 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

Patna High Court CR. MISC. No.39535 of 2024(2) dt.10-07-2024 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) ajay/- U T