Md. Jahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72058 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- CHANDRADIP District- Jamui ====================================================== 1.
MD. JAHID S/O MD. KAMAL R/o village- Telar, P.S.- Chandradeep, District- Jamui 2.
Md. Bahid @ Bahid Mallick S/o Md. Kamal R/o village- Telar, P.S.- Chandradeep, District- Jamui 3.
Md. Kamal S/o Late Safik Mallick R/o village- Telar, P.S.- Chandradeep, District- Jamui 4.
Md. Faiyaj S/o Md. Ainul R/o village- Telar, P.S.- Chandradeep, DistrictJamui ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mala Sinha, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioner is permitted to make rectification in Para-3 of the anticipatory bail application. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioner nos. 2 and 4 are persons with clean antecedent whereas petitioner nos. 1 and 3 have antecedent of one case and
Patna High Court CR. MISC. No.72058 of 2021(2) dt.02-08-2022 2/3 the informant alleges that when the informant was doing his domestic work along with his family members, then the accused persons, including the petitioners, started abusing from outside and thereafter it is alleged that the accused persons assaulted Sufiyan Mallick, the son of the informant, by lathi and danda and on hearing hulla, informant and his family members came out and saw that his son was in an injured condition lying on the ground, thereafter the accused persons also assaulted Sadiq Mallick who received injury on his head.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, there is a case and a counter-case and the petitioners and the informant are related and are agnates, it is next submitted that no doubt one of the injuries suffered is grievous but then the parties, on intervention of well-wishers, have compromised the case and they don't want to pursue the matter as would be evident from compromise petition annexed as Annexure-4 to the anticipatory bail application.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.72058 of 2021(2) dt.02-08-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chandradeep P.S. Case No. 48 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T