Ujarna @ Md. Ujarana @ Uzarana And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49689 of 2015 Arising Out of PS.Case No. -122 Year- 2015 Thana -PALASI District- ARRARIA ======================================================
1. Ujarna @ Md. Ujarana @ Uzarana, S/o Karu
2. Md. Pappu @ Sahnabaj, S/o Jafir
3. Raiful, S/o Karu
4. Ahad, S/o Jharu
5. Khaja, S/o Akbal All are Resident of Village-Kakurwa, P.S.-Palasi, District-Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the S t a t e : Mr. Md. A. Haque Sahara(APP) For the Informant : Mr. Anil Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the informant as well as the learned counsel appearing on behalf of the State. It is submitted that this application with respect to petitioner No.2, namely,Md. Pappu alias Sahnabaj has since become infructuous as he has been taken into custody. This application as against petitioner No.2 Md. Pappu alias Sahnabaj is, thus, dismissed as infructuous. Now, the case shall proceed only against Petitioner Nos.1, 3, 4 and 5.
The petitioner Nos.1, 3, 4 and 5 are apprehending
Patna High Court Cr.Misc. No.49689 of 2015 (4) dt.02-03-2016 2/3 their arrest in connection with Palasi P.S. Case No.122 of 2015 for allegedly having committed the offences under Sections 147, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code.
Mr. N.K. Agrawal, learned Senior Counsel appearing on behalf of the petitioners after referring to the F.I.R. points out that against the present petitioners, there is no specific allegation rather the allegation against them is general and omnibus in nature. It is submitted and claried that so far as Petitioner Nos.1, 3 and 4 are concerned, they are having criminal antecedents, whereas Petitioner No.5 has no criminal antecedents whatsoever.
Considering the fact that there is no specific overt act attributed to the petitioners in connection with the present case, let petitioner Nos.1, 3, 4 and 5, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Manoj Kumar-IV, learned Judicial Magistrate, 1st Class, Araria, in connection with Palasi P.S. Case No.122 of 2015, subject to the conditions
Patna High Court Cr.Misc. No.49689 of 2015 (4) dt.02-03-2016 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T