Md. Meraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76955 of 2023 Arising Out of PS. Case No.-363 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== 1.
MD. MERAJ Son of Manir Shekh R/o vill - Gorahari @ Gorhari, P.S. - Parihar, Distt. - Sitamarhi 2.
Md. Jabbar @ Jabbar Son of Sirajul R/o vill - Gorahari @ Gorhari, P.S. - Parihar, Distt. - Sitamarhi 3.
Md. Masoom Son of Abbas @ Md. Abbas R/o vill - Gorahari @ Gorhari, P.S. - Parihar, Distt. - Sitamarhi 4.
Md. Shoye @ Md. Gaus @ Gula Gauj Son of Masleuddin R/o vill - Gorahari @ Gorhari, P.S. - Parihar, Distt. - Sitamarhi 5.
Md. Jabul Rain @ Rajaullah Sheikh @ Md. Raja Ullah @ Jabul Son of Farukh Rain R/o vill - Gorahari @ Gorhari, P.S. - Parihar, Distt. - Sitamarhi 6.
Md. Salauddin @ Salauddin Son of Md. Aahid @ Md. Ahid R/o vill - Gorahari @ Gorhari, P.S. - Parihar, Distt. - Sitamarhi 7.
Md. Mustafa @ Md. Mostafa @ Mostafa Son of Md. Jahid R/o vill - Gorahari @ Gorhari, P.S. - Parihar, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Adv.
For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Sursand P.S. Case No. 363 of 2023 dated 08.07.2023 registered for the offences punishable u/ss 188, 353, 379, 147, 148, 149, 342 and 504 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and the
Patna High Court CR. MISC. No.76955 of 2023(2) dt.03-01-2024 2/3 co-accused persons are alleged to have caused hindrance in discharging of the official duty of the police party by keeping the dead body on the Highway. It is further alleged that they also abused and made scuffle with the police party.
4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the possession of the petitioners. It is further submitted that the petitioners have no concern with the alleged offence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioners, 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-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Pupri, Sitamarhi in connection with Sursand P.S. Case No. 363 of 2023, subject to conditions as laid down under
Patna High Court CR. MISC. No.76955 of 2023(2) dt.03-01-2024 3/3 Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T