Patna High CourtCR. MISC./86527/2019partly allowed disposal

Md. Jakir v. The State Of Bihar

2020-02-17Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86527 of 2019 Arising Out of PS. Case No.-84 Year-2015 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.

Md. Jakir Son of Md. Jamal 2.

Md. Tayab Son of Md. Ajij 3.

Md. Shakil Son of Md. Jakir 4.

Md. Sadra @ Md. Sadre Alam Son of Hanif @ Md. Hamid 5.

Md. Manjoor Son of Md. Jamal 6.

Md. Mustak @ Mustaq Alam Son of Md. Kamal All are Resident of Village - Laxmipur Bhagwati, P.S.- Srinagar, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-02-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Srinagar P.S. Case No. 84/2015 registered for the offences punishable under Sections 147, 149, 341, 323, 325 and 308 of the Indian Penal Code.

There is specific allegation of assault against the petitioner Nos. 3, namely, Md. Shakil and petitioner No. 4, namely, Md. Sadra @ Md. Sadre Alam. So far as remaining

Patna High Court CR. MISC. No.86527 of 2019(3) dt.17-02-2020 2/3 petitioners are concerned, it is only stated that they were member of unlawful assembly and assaulted the injured as well as his father by fist and slap. The annexure 2 to this petition goes to show that injured Md. Afsar Alam got altogether three injuries. Out of them one injury is said to be grievous in nature.

Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioner No. 1, namely, Md. Jakir, petitioner No. 2, namely, Md. Tayab, petitioner No. 5, namely, Md. Manjoor and petitioner No. 6, namely, Md. Mustak @ Mustaq Alam, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Madhepura/ concerned court in Srinagar P.S. Case No. 84/15 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

So far as the petitioner No. 3, namely, Md. Shakil, and petitioner no. 4, namely, Md. Sadra @ Md. Sadre Alam are concerned, their prayer for anticipatory bail stands

Patna High Court CR. MISC. No.86527 of 2019(3) dt.17-02-2020 3/3 rejected. However, this order shall not cause any prejudice to the concerned court at the time consideration of regular bail. (Hemant Kumar Srivastava, J) Spd/- U T