Md Jahangir Alias Jahangir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4689 of 2021 Arising Out of PS. Case No.-05 Year-2020 Thana- AMAUR District- Purnia ====================================================== 1.

MD JAHANGIR ALIAS JAHANGIR S/o Md. Manjur Alam Resident of Village-Hakka, Ward No.-10, P.S.-Amour, District-Purnea. 2.

Md. Tanveer Son of Md. Sarif. Resident of Village-Hakka, Ward No.-10, P.S.-Amour, District-Purnea.

3.

Md. Rahgir Son of Md. Manjur Resident of Village-Hakka, Ward No.-10, P.S.-Amour, District-Purnea.

4.

Md. Harid @ Md. Haris @ Md. Haaris Son of Late Najir Resident of Village-Hakka, Ward No.-10, P.S.-Amour, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2021 Learned counsel for the petitioners seeks permission of the Court to withdraw this application in respect of petitioner nos. 1 and 4 as they have been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner nos. 1 and 4.

Heard learned counsel for the petitioner nos. 2 and 3 and learned APP for the State. A supplementary affidavit has been filed on behalf of the petitioners. The same be kept on record.

Patna High Court CR. MISC. No.4689 of 2021(2) dt.02-12-2021 2/3 Learned counsel for the petitioner nos. 2 and 3 is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner nos. 2 and 3 are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 325, 324, 302 and 504 of the Indian Penal Code. The prosecution allegation, in short, is that the accused persons assaulted the husband of the informant due to which he died.

It has been submitted on behalf of the petitioner nos. 2 and 3 that they have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner nos. 2 and 3. General and omnibus allegation has been made against the petitioner nos. 2 and 3. No specific overt act is alleged against petitioner nos. 2 and 3. Altogether 14 persons are named in the F.I.R.

On behalf of the State, it is submitted that the petitioner nos. 2 and 3 are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner nos. 2 and 3, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.4689 of 2021(2) dt.02-12-2021 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No. 05 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T