Md Murshid Alam @ Murshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11855 of 2021 Arising Out of PS. Case No.-126 Year-2020 Thana- AMAUR District- Purnia ====================================================== 1.

Md Murshid Alam @ Murshid Son Of Md. Ibrahim Resident Of VillageTajpur Amour, P.S- Amour, District-Purnea 2.

Nursadi Wife Of Md. Ibrahim Resident Of Village-Tajpur Amour, P.SAmour, District-Purnea 3.

Firoja @ Firzo Wife Of Md. Jasim Resident Of Village-Tajpur Amour, P.SAmour, District-Purnea 4.

Guriya @ Asmati W/O-Md Murshid Alam @ Murshid Village Tajpur Amour Ps Amour ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Dasrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of

Patna High Court CR. MISC. No.11855 of 2021(2) dt.08-02-2022 2/3 the Indian Penal Code.

The prosecution allegation, in short, is that while the son of the informant was returning with one another person, the accused persons assaulted them due to which they sustained injuries. When the family members came in rescue, they were also assaulted. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The allegation of assault against the petitioners are general and omnibus. Petitioner nos. 2 to 4 are ladies. The specific allegation of assault is alleged against co-accused.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Patna High Court CR. MISC. No.11855 of 2021(2) dt.08-02-2022 3/3 Considering the aforesaid facts and circumstances, the petitioners, 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 their personal bonds to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with Amour P.S. Case No. 126/2020 corresponding to G.R. No. 1961/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T