Abdul Rajjak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60572 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- PALASI District- Araria ====================================================== 1.

ABDUL RAJJAK Son of Late Hazi Aulad Resident of Village - Bairbanna, Ward No. 1, P.S.- Palasi, District- Araria 2.

Md. Jashim Son of Late Md. Azimuddin Resident of Village - Bairbanna, Ward No. 1, P.S.- Palasi, District- Araria 3.

Md. Akhtar Son of Ayub Resident of Village - Bairbanna, Ward No. 1, P.S.- Palasi, District- Araria 4.

Md. Zafar Son of Alimuddin Resident of Village - Bairbanna, Ward No. 1, P.S.- Palasi, District- Araria 5.

Md. Shahid Son of Abdul Razzak Resident of Village - Bairbanna, Ward No. 1, P.S.- Palasi, District- Araria 6.

Md. Sajid @ Bachan Son of Abndul Razzak Resident of Village - Bairbanna, Ward No. 1, P.S.- Palasi, District- Araria 7.

Md. Ayub Son of Late Haji Aulad Resident of Village - Bairbanna, Ward No. 1, P.S.- Palasi, District- Araria 8.

Washikul Rehman Son of Late Azimuddin Resident of Village - Bairbanna, Ward No. 1, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 This application, for grant of anticipatory bail, arises out of Palasi P.S. Case No. 173 of 2019, disclosing offences under Sections 341, 323, 354, 325, 379, 504/34 of the Indian Penal Code. Allegation as per F.I.R. is that petitioners and other came variously armed and assaulted the informant and others and tried to outrage the modesty of wife of the informant and snatched away ear ring.

Patna High Court CR. MISC. No.60572 of 2019(4) dt.08-01-2020 2/2 Submission of learned counsel for the petitioners is that in the background of land dispute, there is case and counter case between the parties and the case lodged by the petitioners' side is earlier to the case lodged by informant. It has also been submitted that persons from the petitioners' side have also sustained injuries Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for anticipatory bail of the petitioners.

Having heard both sides, considering the submission, as above, 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 each to the satisfaction of learned ACJM -VI, Araria, in connection with Palasi P.S. Case No. 173 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is further subject to the condition that they will not tamper with the evidence or will not threaten the informant or his family members.

(Vinod Kumar Sinha, J) sunilkumar/- U T