Mohammad Shakib @ Sakib @ Md. Sakib v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62898 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- RANIGANJ District- Araria ====================================================== 1.
Mohammad Shakib @ Sakib @ Md. Sakib S/o Nauroddin @ Md. Nuruddin R/o Vill- Parmanandpur, P.S- Raniganj, Distt- Araria 2.
Muhammad Adil @ Md. Adil S/o Md. Yunus R/o Vill- Parmanandpur, P.SRaniganj, Distt- Araria 3.
Saddam @ Md. Saddam S/o Alauddin @ Chhotu R/o Vill- Parmanandpur, P.S- Raniganj, Distt- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the offences punishable under Sections 147, 149, 302 and 120(B) of the Indian Penal Code as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that petitioner no. 1 and 2 have antecedent of two cases and petitioner no. 3 has antecedent of one case.
4. The informant alleges that while cow of Sirajuddin entered the land of Wasique and son of Sirajuddin, namely, Safique went to bring his cow back when Md. Jamil, Wasique and Mainuddin abused and assaulted Safique by means of lathi
Patna High Court CR. MISC. No.62898 of 2024(2) dt.13-12-2024 2/3 and danda. Thereafter, Safique started fleeing towards his house and the person working in the field also started running behind Safique to know the cause, but on seeing the crowd, the aforesaid accused persons, who were chasing Safique started firing in the air, hence, the crowd out of fear fled from the place of occurrence. Further, on orders of Arshad, all the accused are alleged to have fired when Md. Moim working in his field, hearing the noise came on the road when Md. Jamil and Wasique seeing Md. Moim fired at him but missed. Thereafter, again Wasique fired causing injury on neck of Md. Moim.
5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that specific allegation of firing is against Wasique and Md. Jamil on orders of Arshad.
6. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with
Patna High Court CR. MISC. No.62898 of 2024(2) dt.13-12-2024 3/3 Raniganj P.S. Case No. 274 of 2023.
8. It is made clear that if the learned trial court comes to a conclusion that petitioners, after their release on bail, are trying to delay the trial of the case in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners.
(Satyavrat Verma, J) Kundan/- U T