Patna High Court
Tanweer @ Md. Tanweer Alam vs The State Of Bihar on 17 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33859 of 2020
Arising Out of PS. Case No.-262 Year-2020 Thana- NARPATGANJ District- Araria
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1. Tanweer @ Md. Tanweer Alam, Gender-Male, aged about 23 years, Son of
Sabbir
2. Matin, Gender-Male, aged about 32 years, S/o Muslim
3. Soyeb, Gender-Male, aged about 45 years, S/o Late Aseer
4. Muslim, Gender-Male, aged about 50 years, S/o Late Ali Hussain
All Resident of Village-Pathraha, Ward No.12, P.S.-Ghurna O.P., District-
Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ravish Kumar, Advocate
For the State : Mr. Humayou Ahmad Khan, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 17-03-2021
The matter has been heard via video conferencing.
2. Heard Mr. Ravish Kumar, learned counsel for the
petitioners and Mr. Humayou Ahmad Khan, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. Learned counsel for the petitioners submitted that
the petitioner no. 2 namely, Matin has been arrested and, thus,
he may be permitted to withdraw the application on his behalf.
4. In view thereof, the application on behalf of
petitioner no. 2 namely, Matin, stands disposed off as withdrawn
and the application is restricted only to petitioners no. 1, 3 and 4
Patna High Court CR. MISC. No.33859 of 2020 dt.17-03-2021
namely, Tanweer @ Md. Tanweer Alam, Soyeb and Muslim,
respectively.
5. The petitioners apprehend arrest in connection with
Narpatganj (Ghuma) PS Case No. 262 of 2020 dated
14.06.2019, instituted under Sections 147/ 148/ 149/ 341/ 323/
325/ 333/ 338/ 307/ 353/ 504/ of the Indian Penal Code.
6. As per the FIR lodged by a police Havildar, the
allegation is that when the police went to control a clash
between two groups on 13.06.2020 in the morning, the
petitioners and others attacked the police force with lathi, danda
and brickbats due to which the informant sustained head injury.
7. Learned counsel for the petitioners submitted that
there are eight named accused, including the petitioners, and 60-
70 unknown persons, which obviously shows that it was a huge
mob and recognizing individuals was not possible. It was
submitted that later due to village politics the name of the
petitioners has been introduced. Even on merits, it was
submitted that it is only the informant himself who has received
injury as per the injury report itself which shows one lacerated
wound on the skull and the opinion is that it was caused by hard
blunt substance being simple in nature. Learned counsel
submitted that the petitioners have no criminal antecedent.
Patna High Court CR. MISC. No.33859 of 2020 dt.17-03-2021
8. Learned APP submitted that the petitioners are said
to have assaulted the police party who had gone to control the
situation.
9. 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 no. 1, 3 and 4 namely,
Tanweer @ Md. Tanweer Alam, Soyeb and Muslim,
respectively 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 Chief
Judicial Magistrate, Araria in Narpatganj (Ghuma) PS Case No.
262 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 said
petitioners, (ii) that the said petitioners and the bailors shall
execute bond with regard to good behaviour of the said
petitioners, and (iii) that the said petitioners shall cooperate with
the Court and the police/prosecution. Any violation of the terms
and conditions of the bonds or non-cooperation would lead to
cancellation of their bail bonds.
10. It shall also be open for the prosecution to bring any
Patna High Court CR. MISC. No.33859 of 2020 dt.17-03-2021
violation of the foregoing conditions of bail by the said
petitioners, to the notice of the Court concerned, which shall
take immediate action on the same after giving opportunity of
hearing to the concerned petitioners.
11. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
