Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75128 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

MD. FIROZ Son of Md. Mohiuddin R/v- Kannour, P.S.- Kamtaul, DistrictDarbhanga 2.

MD. SADDAM Son of Md. Kalamuddin R/v- Kannour, P.S.- Kamtaul, District- Darbhanga 3.

MD. JUHI Son of Abdul Rauf R/v- Kannour, P.S.- Kamtaul, DistrictDarbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Iqbal Asif Niazi, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP For the Informant :

Mr. Kedar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-01-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.

Learned counsel for the petitioners has submitted that during the pendency of this petition, the petitioner No. 2 has been arrested and, as such, the same has become infructuous with respect to petitioner No. 2. He, therefore, seeks permission to withdraw this anticipatory bail petition of petitioner No. 2. In view of the aforesaid submission, the anticipatory bail petition with regard to petitioner No. 2 is dismissed as withdrawn as having become infructuous.

The petitioner Nos. 1 and 3 apprehend their arrest in connection with Kamtaul P.S. Case No. 142 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.75128 of 2022(2) dt.11-01-2023 2/2 Learned counsel for the petitioners has submitted that the occurrence has taken place for trivial issue as the informant sustained some injuries after falling down from the motorcycle driven by his son. He has submitted further that there is no specific allegation against petitioner Nos. 1 and 3. The allegations are general and omnibus and there is case and counter case. The petitioners are the persons of clean antecedents.

Learned counsel for the informant has vehemently opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner Nos. 1 and 3, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Smt. Sanjana Gandhi, learned Judicial Magistrate, 1st Class, Darbhanga in connection with Kamtaul P.S. Case No. 142 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) SONALI/- U T