Md. Awesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68319 of 2019 Arising Out of PS. Case No.-6 Year-2018 Thana- PALASI District- Araria ====================================================== 1.

MD. AWESH Son of Late Sahid Resident of Village - Kakorwa, P.S.- Palasi, Distt.- Araria.

2.

Md. Kuddus @ Abdul Kuddus @ Abdul Quddus Son of Late Sahid Resident of Village - Kakorwa, P.S.- Palasi, Distt.- Araria. 3.

Md. Galib @ Md. Galib Alam Son of Md. Awesh Resident of Village - Kakorwa, P.S.- Palasi, Distt.- Araria.

4.

Md. Koushar @ Kausar Alam Son of Md. Kuddus Resident of Village - Kakorwa, P.S.- Palasi, Distt.- Araria.

5.

Md. Mantsir @ Muddasir Alam Son of Md. Kuddus Resident of Village - Kakorwa, P.S.- Palasi, Distt.- Araria.

6.

Bibi Firoza @ Firoza W/o Md. Awesh Resident of Village - Kakorwa, P.S.- Palasi, Distt.- Araria.

7.

Bibi Rubeda W/o Md. Kuddus Resident of Village - Kakorwa, P.S.- Palasi, Distt.- Araria.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Palasi P.S. Case No. 06 of 2018 for the offence punishable under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code.

It is evident from the First Information Report that there was some dispute between the parties in respect of title over a piece of land. Allegedly, the petitioners, who appear to be

Patna High Court CR. MISC. No.68319 of 2019(2) dt.27-11-2019 2/3 belonging to the same family, were using abusive language and were threatening the informant of dire consequences. It is alleged against petitioner No.4 of having assaulted Md. Arshad in his head. There is general and omnibus allegation of assault against other persons named in the First Information Report. Considering the background in which the occurrence is said to have taken place, this application is allowed.

It must be noted that I have taken note of the statement made in paragraph 3 of the application, which refers to certain criminal cases in which the petitioners have been made accused.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the 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 the learned A.C.J.M., Araria, in Palasi P.S. Case No. 06 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case

Patna High Court CR. MISC. No.68319 of 2019(2) dt.27-11-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T