Md. Masleuddin @ Masleuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60346 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- PANDAUL District- Madhubani ====================================================== 1.

MD. MASLEUDDIN @ MASLEUDDIN Son of Md. Jainul Resident of Village and P.O. - Bhagwatipur Mantol, Ward No. 6, P.S.- Pandaul, DistrictMadhubani 2.

Md. Nehal Son of Md. Shamim Resident of Village and P.O. - Bhagwatipur Mantol, Ward No. 6, P.S.- Pandaul, District- Madhubani 3.

Imamuddin Son of Alauddin Resident of Village and P.O. - Bhagwatipur Mantol, Ward No. 6, P.S.- Pandaul, District- Madhubani 4.

Md. Sanaullah @ Md. Sanaulha Son of Md. Mobin Resident of Village and P.O. - Bhagwatipur Mantol, Ward No. 6, P.S.- Pandaul, District- Madhubani 5.

Md. Kalam Son of Md. Nuruddin Resident of Village and P.O. - Bhagwatipur Mantol, Ward No. 6, P.S.- Pandaul, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Thakur For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 341, 307, 379, 447, 504/34 of the Indian Penal Code registered in connection with Pandaul PS Case No. 95/2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute. The accusation of assault against the petitioners is general and omnibus, while specific accusation has been made against other co-accused who have been granted anticipatory bail by this Court in Cr. Misc. No. 60520 of 2019. The injuries are simple in nature. Petitioner nos. 1, 4 and 5 are accused in one prior case in which they are on anticipatory bail, while petitioner nos. 2 and 3 claim clean antecedents.

Patna High Court CR. MISC. No.60346 of 2019(6) dt.04-03-2020 2/2

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners' be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Madhubani, in connection with Pandaul PS Case No. 95/2019 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T