Patna High CourtCR. MISC./67701/2019bail granted

Md. Soib @ Md. Soeb v. The State Of Bihar

2019-12-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67701 of 2019 Arising Out of PS. Case No.-884 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== MD. SOIB @ MD. SOEB Son of Late Mumtaz Resident of Village-Doria Sonapur, P.S.-Simraha, District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Forbesganj (Simraha) P.S. Case No. 884/2018, disclosing the offence under Sections 341, 323, 216, 188, 353, 332, 504/34 of the Indian Penal Code.

From the FIR, it appears that the police were in search of one Md. Saddam for his arrest in connection with a criminal case. According to the FIR of which an Assistant Sub-Inspector of Police is the informant, said Md. Saddam was apprehended in his house, by the police. It is, however, alleged that after his arrest, persons named in the FIR and 30-40 other persons assembled and got the accused extricated from the clutches of the police. The miscreants are said to have entered into scuffle

Patna High Court CR. MISC. No.67701 of 2019(2) dt.11-12-2019 2/2 with the police party and caused obstruction in discharge of their official duties. The petitioner is in custody since 12.07.2019.

Learned counsel for the petitioner has submitted that the allegation is general and omnibus against all persons named in the FIR including this petitioner and there is nothing specific against this petitioner.

Considering the above submission, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned CJM, Araria in Forbesganj (Simraha) P.S. Case No. 884 of 2018.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U