Md. Moti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68971 of 2019 Arising Out of PS. Case No.-139 Year-2019 Thana- DARBHANGA District- Darbhanga ====================================================== 1.

Md. Moti, Son of Md. Kasim, Resident of Mohalla- Sena Path, P.S.- Town, District- Darbhanga.

2.

Md. Nahid, Son of Md. Moti, Resident of Mohalla- Sena Path, P.S.- Town, District- Darbhanga.

3.

Md. Jahid, Son of Md. Moti, Resident of Mohalla- Sena Path, P.S.- Town, District- Darbhanga.

4.

Md. Monazir @ Chhotu, Son of Md. Moti, Resident of Mohalla- Sena Path, P.S.- Town, District- Darbhanga.

5.

Md. Monahid @ Md. Mojahid, Son of Md. Moti, Resident of Mohalla- Sena Path, P.S.- Town, District- Darbhanga.

6.

Md. Sakir, Son of Md. Moti, Resident of Mohalla- Sena Path, P.S.- Town, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 This is an application for grant of anticipatory bail in connection with Darbhanga Town P. S. Case No. 139 of 2019, disclosing offences under Sections 147, 148, 149, 341, 323, 120B, 324, 307, 448, 504, 379, 354, 435, 436, 506 and 411 of IPC.

At the very outset, it has been submitted by learned counsel for the petitioners that petitioner no.4 has been arrested during the pendency of this application. As such, this application against petitioner no.4 stands dismissed as

Patna High Court CR. MISC. No.68971 of 2019(2) dt.04-11-2019 2/3 withdrawn.

As per F.I.R. petitioners and other accused persons entered inside the house of the informant looted away the articles and assaulted them and also damaged the property and tried to outrage the modesty of the female members. Submission of the learned counsel for the petitioners is that there is a long dispute between the parties, which has been stated in Para 13 of this petition. The allegations are general and omnibus in nature, considering the same, one of the co-accused has been granted privilege of anticipatory bail by this Court, vide order dated 15.10.2019 passed in Criminal Misc. No. 62190 of 2019 Heard learned A.P.P. also.

Having heard both sides, considering the above submissions, this application is allowed. Let the petitioners, above named, except petitioner no.4, 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 to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Darbhanga Town P. S. Case No. 139 of 2019, subject to the condition laid down under Section

Patna High Court CR. MISC. No.68971 of 2019(2) dt.04-11-2019 3/3 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T