Abdus Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53582 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- JOKIHAT District- Araria ====================================================== 1.

Abdus Salam, Son of Late Jalil, Resident of Village - Chaukta, P.S.- Mahalgoan, Dist.- Araria.

2.

Qaiyum, Son of Late Jalil, Resident of Village - Chaukta, P.S.- Mahalgoan, Dist.- Araria.

3.

Wasique, Son of Late Jalil, Resident of Village - Chaukta, P.S.- Mahalgoan, Dist.- Araria.

4.

Md. Faizan @ Faizan, Son of Abdus Salam Resident of Village - Chaukta, P.S.- Mahalgoan, Dist.- Araria.

5.

Shoib Alam @ Alam, Son of Late Jabbar Resident of Village - Chaukta, P.S.- Mahalgoan, Dist.- Araria.

6.

Shahanwaz, Son of Shoib Alam Resident of Village - Chaukta, P.S.- Mahalgoan, Dist.- Araria.

7.

Aslam, Son of Aniul Haque Resident of Village - Chaukta, P.S.- Mahalgoan, Dist.- Araria.

8.

Md. Mazhoor @ Mazhoor Son of Ainul Haque Resident of Village - Chaukta, P.S.- Mahalgoan, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Ehteshamuddin For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2019 This is an application for grant of anticipatory bail in connection with Jokihat (Mahalgon) P. S. Case No. 28 of 2019, disclosing offences under Sections 147, 149, 341, 323, 324, 307, 353, 379, 427, 504 and 506 of IPC.

Prosecution story is that while inspection was going on in the school of the petitioners, the petitioners dragged the informant on the order of the petitioner no.1, petitioner no.4 gave knife blow on the informant, causing injury on his head. There is also allegation

Patna High Court CR. MISC. No.53582 of 2019(2) dt.27-08-2019 2/2 against the petitioner nos.5 and 8 that by time that they his neck by the rope.

Submission of the learned counsel for the petitioners is that the whole allegations are false and concocted and there is case and counter case between the parties and all the injuries are found to be simple in nature, which will appear from the Annexure 3 series. Heard learned A.P.P. also, who opposed the prayer for anticipatory bail on the ground that no specific allegation against petitioners no.1,2,6 & 7 and there is specific allegation against petitioners no.2 is of assault by knife on the head of the informant. Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned C.J.M., Araria, in connection with Jokihat (Mahalgon) P. S. Case No. 28 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T