Md. Jasmul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51081 of 2022 Arising Out of PS. Case No.-280 Year-2021 Thana- KADWA District- Katihar ====================================================== 1.

Md. Jasmul Son of Md. Mokhtar R/V- Singalpur, P.S-Kadwa, Dist- Katihar 2.

Md. Nausad @ Nausad Son of Late Aslim R/V- Singalpur, P.S-Kadwa, DistKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priyanka Singh For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2022 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of Indian Penal Code.

As per prosecution case, all the accused persons including the petitioners were making obstruction in election proceeding and in consequence thereof, occurrence of assault took place between the parties in which Circle Officer sustained injuries.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation of assault

Patna High Court CR. MISC. No.51081 of 2022(2) dt.19-12-2022 2/2 against the accused persons and no specific overt act has been alleged against the petitioners. Similarly situated co-accused persons have already been granted anticipatory bail by this Hon'ble Court vide order dated 05.12.2022 passed in Cr. Misc. No. 44473 of 2022.

Considering the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge, Katihar in Kadwa P. S. Case No. 280 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T