Md. Nago @ Md. Gayas @ Md. Giyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72758 of 2023 Arising Out of PS. Case No.-176 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== 1.

Md. Nago @ Md. Gayas @ Md. Giyas Son Of Late Naro @ Late Naso R/O Village- Jhanjhari Laldih Ward No.12 And 14, P.S.- Gwalpara, DistrictMadhepura 2.

Md. Samad Son Of Md. Shabir @ Md. Sabir @ Md. Sabbir @ Sekh Shabbir R/O Village- Jhanjhari Laldih Ward No.12 And 14, P.S.- Gwalpara, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504, 506 of the Indian Penal Code and later on, Section 302 of the I.P.C. was added.

3. As per the prosecution case, all the F.I.R. named accused persons including these petitioners attacked the son of informant with various weapons, due to which, he sustained injury and during course of treatment, died.

4. It is submitted on behalf of petitioners that specific accusation of assault is against co-accused Md. Sahan and Md. Gaffar. So far as these petitioners are concerned, there is general

Patna High Court CR. MISC. No.72758 of 2023(2) dt.07-11-2023 2/2 and omnibus allegation of assault. There is case and counter case. Similarly situated co-accused namely Md. Jattu @ Majuruddin and Md. Ghasir @ Ghasir Miyan have already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 14.03.2023 passed in Cr.Misc. No. 71526 of 2022. Petitioners have got clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged 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 Sri Yogendra Kumar Shukla, J.M.F.C. Udakishunganj, District Madhepura in connection with Gwalpara P.S. Case No. 176 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T