Md. Abid vs The State Of Bihar
2021 Latest Caselaw 2001 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.34661 of 2020
           Arising Out of PS. Case No.-260 Year-2020 Thana- RANIGANJ District- Araria
     ======================================================

1. Md. Abid, aged about 55 years (M), son of Akhimuddin @ Akalu,

2. Md. Juber, aged about 45 years (M), son of Akhimuddin @ Akalu,

3. Md. Saddam, aged about 26 years (M), son of Md. Abid, All resident of Village- Kala Balua Ward No. 06, P.S.- Raniganj, District- Araria.

... ... Petitioner/s

Versus

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

     For the Petitioner/s     :        Mr. Mukesh Kumar Rana, Advocate
     For the State            :        Mr. Atul Chandra, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-05-2021

The matter has been heard via video conferencing.

2. Heard Mr. Mukesh Kumar Rana, learned counsel

for the petitioners and Mr. Atul Chandra, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioners apprehend arrest in connection with

Raniganj PS Case No. 260 of 2020 dated 28.05.2020, instituted

under Sections 341, 323, 324, 307, 354-B, 379, 447, 504,

506/34 of the Indian Penal Code.

4. The allegation against the petitioners is of general

assault on the informant, his wife and brother and specifically Patna High Court CR. MISC. No.34661 of 2020 dt.03-05-2021

against co-accused, Bibi Arhsadi, that she gave two sword

blows on the head of the informant and that she snatched silver

chain worth Rs.2500/- from his wife and that the petitioner no. 1

tore the clothes of the informant's wife.

5. Learned counsel for the petitioners submitted that

the petitioner no. 1 is the full brother of the informant and there

is property dispute. It was submitted that the FIR has been

lodged after six days of the incident and there is also counter

case for the same incident lodged by the petitioner no. 1. It was

submitted that the petitioner's side had also received injuries.

Learned counsel submitted that besides the allegation being

general in nature against the petitioners, they have no criminal

antecedent.

6. Learned APP submitted that the petitioners had also

assaulted the informant's wife and brother.

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 Additional Chief Judicial Magistrate, VI, Araria, Patna High Court CR. MISC. No.34661 of 2020 dt.03-05-2021

in Raniganj PS Case No. 260 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 the petitioners and the bailors

shall execute bond and give undertaking with regard to good

behaviour of the petitioners, and (iii) that they shall cooperate

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

terms and conditions of the bonds or undertaking or failure to

co-operate shall lead to cancellation of their bail bonds.

8. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioners, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioners.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T