Mukhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77951 of 2019 Arising Out of PS. Case No.-410 Year-2015 Thana- ARARIA District- Araria ====================================================== 1.
MUKHTAR Son of Sharif 2.
Nadeem Son of Akhlak 3.
Abu Nasar Son of Alimuddin 4.
Tanveer @ Tanweer Azad Son of Wahid all four Residents of VillageDoriya, P.S-Simraha, District-Araria. 5.
Khalid @ Guddu @ Khalik Son of Kuddus 6.
Sajid @ Md. Sajid Son of Akram 7.
Ragiv @ Md. Ragib Son of Lukman 8.
Manjar Son of Wadood 9.
Tabrej @ Md. Tabrej Son of Md. Siddique 10.
Sajjad @ Saiyaad Son of Hasib 11.
Md. Saud @ Mansoor Son of Jahangir 12.
Md. Shamshid @ Shamsor Alam Son of Md. Siddique 13.
Md. Parvej @ Md. Parwiz Alam Son of Md. Siddique 14.
Jamshed @ Md. Jamshed Son of Md. Siddique 15.
Murshid @ Murshid Alam Son of Md. Siddique 16.
Gulnawaj Son of Tabrej all Resident of Village-Murballa, P.S-Araria R.S., District-Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148,
Patna High Court CR. MISC. No.77951 of 2019(2) dt.04-12-2019 2/3 149, 341, 323, 379, 504 of the Indian Penal Code. As per FIR, accused Murshid Alam defeated the informant Aftab Alam in PACS election and Murshid Alam elected Chairman on 19.08.2016 after counting of votes. Thereafter, Murshid Alam and his supporters with a procession came at the door of Aftab Alam and started cracking crackers and when the female members came out from the court yard, all the accused persons including these petitioners, who are supporters of Murshid, started assaulting and teasing Bibi Rubi, Bibi Nikhat, Bibi Kubra. Thereafter, accused persons entered into the court yard of the informant and took away a briefcase containing cash of Rs. 60,000/- and ornaments from the house of informant and fled away. On alarm, when the villagers came there, accused persons fled away from there.
Learned counsel for the petitioners submits that petitioners are innocent, has committed no offence and have been falsely implicated in this case due to previous enmity. He submits that there is general and omnibus allegation levelled against the petitioners and nothing has been recovered from their conscious possession. The further submits that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioners. He
Patna High Court CR. MISC. No.77951 of 2019(2) dt.04-12-2019 3/3 further submits that there is case and counter case between the parties.
In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Araria (R.S.)Police Station Case No. 410 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) devendra/- U T