Nizamuddin Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56686 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

NIZAMUDDIN MIYAN Son of Late Jhakhad Miyan Resident of VillageChamanpura, P.S. Baikunthpur, District- Gopalganj. 2.

Salauddin Miyan Son of Late Jhakhad Miyan Resident of VillageChamanpura, P.S. Baikunthpur, District- Gopalganj. 3.

Ishtekhar Miyan @ Iftekhar Ali Son of Hasim Miyan Resident of VillageChamanpura, P.S. Baikunthpur, District- Gopalganj. 4.

Inshaf Ali Son of Nizamuddin @ Nizamuddin Miyan Resident of VillageChamanpura, P.S. Baikunthpur, District- Gopalganj. 5.

Kurban Miyan Son of Late Rahman Miyan Resident of VillageChamanpura, P.S. Baikunthpur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Baikunthpur P.S. Case No. 118 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code.

It is evident from the First Information Report that the occurrence had taken place when the informant was laying foundation for construction of house over a piece of land. Allegedly, 14 persons, named in the FIR, had assaulted the informant's husband. Female members of the family have also been implicated.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.56686 of 2019(2) dt.06-09-2019 2/2 petitioners has submitted that the allegation of assault is general and omnibus against all persons named in the FIR, except coaccused Haider Miyan, who is said to have assaulted the informant's husband with a sword.

Considering the genesis of occurrence and general and omnibus nature of allegation, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj in Baikunthpur P.S. Case No. 118 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T