Md. Kamaal @ Md. Kamal Rahmaan vs The State Of Bihar
2021 Latest Caselaw 1196 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.31936 of 2020
            Arising Out of PS Case No.-110 Year-2020 Thana- PUPRI District- Sitamarhi
     ======================================================

1. Md. Kamaal @ Md. Kamal Rahmaan, aged about 37 years (Male), Son of Md. Latifur Rahman, Resident of ward no.03, Jhajhihat, Janakpur Road, Pupri, Police Station-Pupri, District-Sitamarhi.

2. Md. Nausad @ Raju Shekh @ Md. Raju Shekh, aged about 32 years (Male), Son of Mohammad Moslim, Resident of ward no.09, Near Khairulwara Masjid Pupri Gaon, Janakpur Road, Pupri, Police Station-Pupri, District- Sitamarhi.

... ... Petitioner/s Versus The State of Bihar

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

     For the Petitioner/s     :        Mr. Ashok Kumar Garg, Advocate
     For the State            :        Mr. Manoj Kumar , APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ashok Kumar Garg, learned counsel for

the petitioners and Mr. Manoj Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with

Pupri PS Case No. 110 of 2020 dated 12.05.2020, instituted under

Sections 341, 323, 504, 307 and 447/34 of the Indian Penal Code

and 27 of the Arms Act, 1959.

Patna High Court CR. MISC. No.31936 of 2020 dt.02-03-2021

4. The allegation against the petitioners and others is

general and omnibus of assault but against co-accused Md.

Nizam, it is of firing which injured the informant in the abdomen.

5. Learned counsel for the petitioners submitted that

only one bullet injury has been found on the person of the

informant and there is no other injury which clearly disapproves

the fact that the others, including the petitioners, had assaulted

him. Learned counsel submitted that the petitioners have no

criminal antecedent.

6. Learned APP submitted that the informant has been

grievously injured by firing. However, he did not controvert that

the petitioners are not alleged to have shot at the informant.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned SDJM, Pupri, District -Sitamarhi in Pupri PS Case No.

110 of 2020, subject to the conditions laid down in Section 438(2)

of the Code of Criminal Procedure, 1973 and further, (i) that one

of the bailors shall be a close relative of the petitioners, (ii) that Patna High Court CR. MISC. No.31936 of 2020 dt.02-03-2021

the petitioners and the bailors shall execute bond with regard to

good behaviour of the petitioners and they shall co-operate with

the police/prosecution and the Court. Any violation of the terms

and conditions of the bonds or failure to co-operate shall lead to

cancellation of their bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T