Md. Munna @ Motu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6392 of 2019 Arising Out of PS. Case No.-152 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== 1.
Md. Munna @ Motu, son of Md. Mian @ md. Ali, R/o Mohalla- Katari Hill, Aliganj , Faiz Colony, P.S. Chandauti, Dist. Gaya 2.
Md. Shahid, S/o Nayeem Mian, R/o Mohalla- Katari Hill, Aliganj , Faiz Colony, P.S. Chandauti, Dist. Gaya 3.
Md. Nehal @ Md. Nehal Khan, S/o Nayeem Mian, R/o Mohalla- Katari Hill, Aliganj , Faiz Colony, P.S. Chandauti, Dist. Gaya 4.
Md. Pappu, S/o Reyaz Khan, R/o Mohalla- Katari Hill, Aliganj , Faiz Colony, P.S. Chandauti, Dist. Gaya ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Ms.Nirmala Kumari For the Informant : M/S Sanjeev Kumar, Priya Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-04-2019 At the very outset, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner No.1 Md. Munna @ Motu stating that he has been arrested during pendency of this application. In such view of the matter, this application with respect to petitioner No.1 is dismissed as withdrawn. Petitioner Nos. 2 to 4 seek bail in anticipation of their arrest in connection with Chandauti P.S. Case No. 152 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302 and 506 of the Indian Penal Code.
Patna High Court CR. MISC. No.6392 of 2019(4) dt.01-04-2019 2/3 Allegation against the accused persons, including the petitioners is of assaulting the son of the informant on the plea of commission of theft by iron rod, pipe, hockey stick, etc. Submission of learned counsel for the petitioners is that they have falsely been implicated and as a matter of fact the deceased was caught while committing theft on which several accused persons assaulted him and no specific allegation has been attributed against the petitioners and one of the co-accused has been granted privilege of anticipatory bail by this Court vide order dated 16.1.2019 passed in Cr.Misc.No. 2192 of 2019. Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail of the petitioners.
Having heard both sides and in the facts and circumstances, let petitioner Nos. 2 to 4, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Chandauti P.S. Case No. 152 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure
Patna High Court CR. MISC. No.6392 of 2019(4) dt.01-04-2019 3/3 and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T