Sajjad Hussain @ Sajjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50687 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- ABADPUR District- Katihar ====================================================== 1.

SAJJAD HUSSAIN @ SAJJAD Son of Javed Resident of Village Jatahar , Police Station- Abadpur, District- Katihar.

2.

Javed Alo @ Javed Son of late Mamluddin Resident of Village Jatahar , Police Station- Abadpur, District- Katihar.

3.

Md. Shahanshah Alam @ Sahansa @ Sahrusa Son of Javed Resident of Village Jatahar , Police Station- Abadpur, District- Katihar. 4.

Md. Saddam Hussain @ Saddam Son of Javed Resident of Village Jatahar , Police Station- Abadpur, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Rahmatullah For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-11-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Abadpur P.S. Case No. 60 of 2019 for the offence registered under Sections 341, 342, 323, 325, 307, 354(b), 379, 504, 506/34 of the Indian Penal Code.

The case of the prosecution is that 12 named accused persons including the petitioners herein are said to have assaulted the informant resulting in various types of injury on the person of the informant and his family members.

The learned counsel for the petitioners submits that there is no specific allegation of overt act as against the petitioners herein. It is further submitted that similarly situated co-accused persons have

Patna High Court CR. MISC. No.50687 of 2019(3) dt.27-11-2019 2/2 already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 28.08.2019 passed in Criminal Misc. No. 53728 of 2019.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Abadpur P.S. Case No. 60 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

It is needless to state that the petitioners would mark their presence before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on each and every Monday of the month and in the event of their failure to do so on two consecutive occasion, the present privilege of anticipatory bail shall stand cancelled automatically and the petitioners shall be taken into custody forthwith.

(Mohit Kumar Shah, J) S.Sb/- U T