High Court Patna High Court - Orders

Md. Niraj & Ors. vs The State Of Bihar on 25 August, 2011

Patna High Court – Orders
Md. Niraj & Ors. vs The State Of Bihar on 25 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Criminal Miscellaneous No.25565 of 2011
                 1. Md. Niraj, son of Md. Mobhi
                 2. Md. Murad Ali, son of Md. Asar Ali.
                 3. md. Rahis @ Md. Rahim, Son of Murad Ali.
                 4. Md. Abadin
                 5. Md. Aslam
                 6. Md. Tasir
                 7. Md. Jasir @ Md. Kaila
                 8. Md. Nasrul
                 9. Md. Md. Najo, All (Accused/petitioner no. 4 to 9) sons
                     of Md. Murad Ali.
                 10. Md. Ansar, son of Md. Mobhi.
                 11. Md. Mobhi, son of Md. Asar Ali
                 12. Md. Sattar, son of Md. Khursid.
                 13. Md. Sharif, son of Late Farzan.
                 14. Md. Sajjad, son of late Farzan
                     All resident of village - bakhri bandh (Pawai), P.S. -
                     Falka (Pothia), District - Katihar.
                                                         ------------ Petitioners.
                                           Versus
               The State of Bihar                      -----Opposite Party
                                            --------

02. 25.08.2011 Supplementary affidavit has been filed on

behalf of the petitioners.

Heard learned counsel for the petitioners

and learned Additional Public Prosecutor for the

State.

All the fourteen petitioners, apprehending

their arrest in connection with Falka (Pothia) P.S.

Case No. 75/2011, pending in the court of Chief

Judicial Magistrate, Katihar, are named accused in

this case with omnibus allegation of entering into

the house of the informant and causing nuisance

and assault.

Submission is that there is counter version
2

also by way of complaint case which was lodged

earlier in free fight relating to she-got grazing of

Suryamukhi crops. There is nothing specific against

either of the petitioner and injury inflicted to the

prosecution side is simple in nature.

Considering the facts and circumstances of

the case, in the event of their arrest or surrender

within a period of four weeks, let the above-named

petitioners be enlarged on bail on furnishing bail

bond of sum of Rs. 10,000/- (ten thousand only)

each with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Katihar, in

connection with Falka (Pothia) P.S. Case No.

75/2011, subject to condition under section 438(2)

of the Code of Criminal Procedure, and additional

condition to attend the court regularly at least for

three years or till disposal of the case, whichever is

earlier and in the event of failure on two consecutive

dates, without any reasonable explanation, the

privilege granted shall be deemed to be cancelled.

Rajeev/                           ( Akhilesh Chandra, J.)