Md. Gulshad Alam And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.41710 of 2016 (5) dt.22-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41710 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Md. Gulshad Alam Son of late Jafir Alam @ Laddu

2. Md. Mumtaz Ansari Son of late Abdul Razaque Momin

3. Md. Naushad Son of Md. Mustafa Ansari

4. Md. Hasib Ahmad @ Md. Hasib Son of Shabbir Ahmad

5. Md. Imteyaz Ansari Son of late Razaque Ansari @ Momin `

6. Md. Tazim Ansari Son of Jhakadi Ansari

7. Md. Ejaj Ahmad Son of late Nazir Ahmad All Resident of Village- Nazirpur, P.S. Gaighat District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Ehteshamuddin For the Opposite Party/s Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 22.11.2016 At the very outset, learned counsel for the petitioners submits that petitioner no.2 (Md. Mumtaz Ansari) and petitioner no.7 (Md. Ejaj Ahmad) have already been arrested and accordingly, their prayer for anticipatory bail stands dismissed being infructous.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioners apprehend their arrest in connection with a case registered under section 307 and other minor sections of the Indian Penal Code.

So far as rest petitioners are concerned, they are

Patna High Court Cr.Misc. No.41710 of 2016 (5) dt.22-11-2016 named in the first information report but no specific overt-act has been attributed against them and it is alleged that one Md. Naushad son of Zafir Alam gave blow with sharp cutting weapon causing head to the informant.

Moreover, it is admitted that there is case and counter case between the parties and persons from both sides appear to have been sustained injuries. Petitioners do not have any criminal antecedent Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let petitioner no.1, Md Gulshad Alam, petitioner no.3, Md. Naushad, petitioner no.4, Md. Hasib Ahmad @ Md. Hasib, petitioner no.5, Md. Imteyaz Ansari and petitioner no.6, Md. Tazim Ansarai be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Sri S.K.Rai, Judicial Magistrate, Ist Class, Muzaffarpur/ concerned court in Gaighat P.S. Case no. 82/2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T