Md. Siraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68071 of 2019 Arising Out of PS. Case No.-295 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Md. Siraj, Son of Moeen, Resident of village- N.S.C. Road Khagaria, P.S.- Khagaria, District- Khagaria.

2.

Md. Tanveer, Son of Md. Mushtak @ Md. Mushtak Alam, Resident of village- N.S.C. Road Khagaria, P.S.- Khagaria, District- Khagaria. 3.

Karan Kumar, Son of Bishwanath Sah, Resident of village- Hajipur Ward No.- 17, P.S.- Khagaria, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2020 It appears that the application with respect to petitioner no.3, namely, Karan Kumar, has been dismissed as withdrawn vide order dated 05.11.2019.

Heard learned counsel for the petitioner nos. 1 and 2 and the learned A.P.P. for the State.

The petitioner nos. 1 and 2 apprehend their arrest in connection with Khagaria P.S. Case No. 295 of 2019, registered under Sections 341, 323, 307, 504, 506 and 379/34 of the Indian Penal Code.

The accusation is that petitioners along with 15 to 20 unknown came at the vegetable shop of informant, Md.

Patna High Court CR. MISC. No.68071 of 2019(5) dt.31-01-2020 2/2 Roushan Ali, and stared to cause assault to him. On raising alarm, Karan Kumar (petitioner no.3) fired twice through pistol but the same was not hit to the informant. Thereafter, Md. Siraj (petitioner no.1) took cash of Rs.4,500/- from his pocket and Md. Tanveer (petitioner no.2) also fired in air. Learned counsel for the petitioners submits that petitioner nos.1 and 2 have falsely been implicated in the present case due to dirty village politics. Further submission is that petitioner nos. 1 and 2 has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner nos.

1 and 2 be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria P.S. Case No. 295 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.