Manzoor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42008 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- TARABARI District- Araria ====================================================== 1.
MANZOOR Son of Late Rukman Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria 2.
Mokim @ Md. Mokim @ Laddu Son of Ajan Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria 3.
Rashid Son of Kabir Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria 4.
Sainul Son of Late Sher Ali Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria 5.
Qamrool @ Md. Qamarool Son of Sainul Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria 6.
Anwarool Son of Sainul Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria 7.
Samrool @ Ali Murtza Son of Sainul Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria 8.
Abesh @ Arif Son of Taiyab Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria 9.
Sufiyan Son of Late Badir Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria 10.
Bholu Son of Late Jhakasu Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria 11.
Moussabir @ Mosabbir Son of Karbul Resident of Village - Jhamta Ward No. -12, P.S.- Tarabari, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Prasad Singh For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 427, 504, 506 IPC registered in connection with Tarabari P.S. Case No. 44 of
Patna High Court CR. MISC. No.42008 of 2019(2) dt.10-07-2019 2/2 2019.
3. It is submitted that the petitioners has been falsely implicated in the backdrop of petty disputes and the FIR has been instituted against as many as 17 persons, all of them are family members. It is submitted that the grievous injury said to have sustained by the informant has been specifically attributed to the assault of other accused persons and the accusation against the petitioners are general and omnibus in nature. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned SDJM, Araria, in connection with Tarabari P.S. Case No. 44 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T