Mohammad Alim And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.48161 of 2017 (6) dt.30-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48161 of 2017 Arising Out of PS.Case No. -325 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================
1. Mohammad Alim, Son of Late Mahammadin,
2. Reyaz Ali, Son of Late Mustafa, Both are resident of Village- Takiya Yakub, P.S.- Town, District Gopalganj.
3. Mohammad Safique @ Samsul Hoda, Son of Late Ies Mohammad, resident of Village- Sangrampur, P.S.- Phulwariya, District- Gopalganj.
4. Nausab Mian, Son of Late Zubair @ Munna, resident of Village- Fazil Tola, P.S. Barhariya, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Adv. : Mr. Animesh Kumar, Adv.
For the Opposite Party/s : Mr. Sri Rajendra Singh Shastri, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Gopalganj Town Police Station Case No. 325 of 2017, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 341, 307, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the specific allegation of assault is attributed to co-accused persons. The parties happen to be pattidars and there is case and
Patna High Court Cr.Misc. No.48161 of 2017 (6) dt.30-11-2017 counter case between the parties on account of land dispute in which altercation took place and both the parties have sustained injuries. Hence, the petitioners, who are of clean antecedent, deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj , in connection with Gopalganj Town Police Station Case No. 325 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T