Md. Kaisar @ Kaisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85298 of 2019 Arising Out of PS. Case No.-297 Year-2019 Thana- PALASI District- Araria ====================================================== 1.

MD. KAISAR @ KAISAR Son of Late Latiful Resident of Village - Kaweya, P.S.- Palasi, District - Araria.

2.

Bablu @ Md. Bablu Son of Md. Jahur Resident of Village - Kaweya, P.S.- Palasi, District - Araria.

3.

Bibi Saira Khatoon @ Sahena Khatoon @ Bibi Saina Khatoon Wife of Md. Jahur Resident of Village - Kaweya, P.S.- Palasi, District - Araria. 4.

Md. Jahur @ Jahur Son of Late Latiful Resident of Village - Kaweya, P.S.- Palasi, District - Araria.

5.

Bibi Masuda Khatoon @ Masuda wife of Md. Rahul Resident of Village - Kaweya, P.S.- Palasi, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 379, 504/34 of the Indian Penal Code.

Informant in his written complaint has alleged that on 29.08.2019 while he was going outside to attend the call of nature, on account of previous enmity FIR named accused caught hold of him and started abusing and assaulting. Specific allegation is against Md. Rahul of inflicting spade blow on his

Patna High Court CR. MISC. No.85298 of 2019(2) dt.07-01-2020 2/2 head and panjara as a result of which he sustained sharp cutting injury.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to previous enmity. Informant and petitioners belong to same family. There is no specific allegation of any over act against the petitioners rather the allegations are general and omnibus in nature. Petitioners have got no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Palasi P.S. Case No. 297 of 2019(G.R. No. 3232 of 2019), subject to the conditions laid down under Section 438(2) of the Cr.P.C. (S. Kumar, J) ranjan/- U