Md. Belal @ Hajrat Belal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57277 of 2021 Arising Out of PS. Case No.-299 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.
MD. BELAL @ HAJRAT BELAL Son of Asin Miya 2.
Md. Seraj @ Seraj Miya Son of Jalaluddin 3.
Salman Khan Son of Imteyaj Miya 4.
Madina Bibi @ Madina Khatoon Wife of Mumtaj Miya @ Md. Momtaj 5.
Reyaz Mansoori @ Reyaz Miya Son of Jallalufin Miya 6.
Md. Bashir @ Bashir Miya Son of Mojiddin Miya All Resident of Village - Chainpur, Basatpur, P.S.- Sahebganj, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 504, 506, 307, 353 and 333 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The informant alleges that petitioners and others by
Patna High Court CR. MISC. No.57277 of 2021(3) dt.25-07-2022 2/3 forming a mob blocked the road in protest of death of one Shiv Nath Bhagat and when the informant along with other police personnel reached the place of occurrence and tried to pacify the matter, the mob attacked the police party in which one ASI, Narendra Kumar and other police personnel sustained injury. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and it absolutely does not stand to reason that how could the informant identify all the accused persons named in the FIR when they have never met the informant. He further submits that the allegations of assault are general and omnibus in nature and no specific allegation of assault is alleged against the petitioners and the injuries suffered by the injured are simple in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the 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 released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each
Patna High Court CR. MISC. No.57277 of 2021(3) dt.25-07-2022 3/3 to the satisfaction of the learned court below where the case is pending/successor court in connection with Shahebganj P.S. Case No. 299 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T