Md. Murtaza @ Md. Ali Murtaza @ Md. Murtuza @ Md. Ali Murtuza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78008 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- BAUSI District- Araria ====================================================== 1.

Md. Murtaza @ Md. Ali Murtaza @ Md. Murtuza @ Md. Ali Murtuza Son of Md. Ajim @ Azimmuddin Resident of Village- Mohini, Ward No.10, P.S.- Bounsi, District- Araria 2.

Bibi Najra Khatoon @ Bibi Najara Khatoon W/o Md. Ajim @ Azimmuddin Resident of Village- Mohini, Ward No.10, P.S.- Bounsi, District- Araria 3.

Md. Mojib Son of Md. Tafejul Resident of Village- Mohini, Ward No.10, P.S.- Bounsi, District- Araria ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bounsi P.S. Case No. 56 of 2018 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354B, 504, 506, 34 of the India Penal Code.

The allegation as per F.I.R. is that the co-accused Md. Naushad on 23.05.2018 at 9 a.m. the informant was ploughing his land by his tractor, in the meantime co-accused Md. Naushad cam there and stopped the informant from ploughing the aforesaid land. The hot exchange of words took place between

Patna High Court CR. MISC. No.78008 of 2019(2) dt.18-12-2019 2/3 the uncle of the informant Md. Rauf and co-accused Md. Naushad, in the meantime Mohni Sarpanch, Parvej Ahmad cam there and he tried to pacify the quarrel.

Learned counsel for the petitioners submits that the police has submitted charge sheet against the two accused persons namely Md. Azim and Md. Akhlaq under section 341, 323, 324, 325, 307, 354(B), 504, 506, 34 of the Indian Penal Code. He further submits that the supplementary charge sheet has already been submitted by the police against two accused namely Md. Md. Naushad and Md. Tarique and rest three accused namely Md. Murtuza, Bibi Naira and Md. Mojib are shown innocent. He further submits that cognizance has been taken by the ACJM-I, Araria against the rest five accused persons namely, Md. Naushad and Md. Tarique, Md. Murtuza, Bibi Najra Khatoon and Md. Mojib. There is no specific allegation against the petitioners and the allegation is general and omnibus.

In the facts and circumstances of the case, let the petitioners, named above, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory 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 Additional Chief Judicial Magistrate 1st, Araria in connection

Patna High Court CR. MISC. No.78008 of 2019(2) dt.18-12-2019 3/3 with Bounsi P.S. Case No. 56 of 2018, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Anjani Kumar Sharan, J) mdrashid/- U T