Md Lal Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52683 of 2021 Arising Out of PS. Case No.-194 Year-2020 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

MD LAL BABU S/o Wajid Resident of Village- Khanupur, P.S.- Hathauri, District- Muzaffarpur.

2.

Md. Naseem Son of Md. Lal Babu Resident of Village- Khanupur, P.S.- Hathauri, District- Muzaffarpur.

3.

Raja @ Shahbaj @ Md. Shahbaz Son of Md. Lal Babu Resident of VillageKhanupur, P.S.- Hathauri, District- Muzaffarpur. 4.

Minta @ Md. Mintu @ Shahnawaz @ Md. Shahnawaz Son of Md. Lal Babu Resident of Village- Khanupur, P.S.- Hathauri, District- Muzaffarpur. 5.

Md. Waquar Son of Md. Lal Babu Resident of Village- Khanupur, P.S.- Hathauri, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Majid Mahboob Khan, Advocate Mr. Alok Ranjan, Advocate For the State :

Mr. Choubey Jawahar, APP For the Informant :

Mr. A.K. Thakur, Advocate Mr. Anish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehends their arrest in Hathauri P.S. Case No.194 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 448, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The petitioners along with 40-50 unknown co-accused persons came at the door of the informant and started abusing

Patna High Court CR. MISC. No.52683 of 2021(2) dt.10-05-2022 2/3 the family members of the informant. When the informant and his son protested, the accused persons started firing causing bullet injuries to Qamar, Md. Mahmood, Ayaz and Riyaz Siddique. Thereafter the accused persons started assaulting by means of lathi, danda and garasa.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that no specific overt act is alleged against the petitioners rather the allegation is general and omnibus. It is submitted that the petitioners have got three criminal antecedents as stated in paragraph-3 of the bail application. It is also submitted that petitioners were only the members of the mob.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.52683 of 2021(2) dt.10-05-2022 3/3 Judicial Magistrate, 1st Class, Muzaffarpur in connection with Hathauri P.S. Case No.194 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T