Abdul Salam @ Aslam Mian And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7036 of 2019 Arising Out of PS. Case No.-534 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ======================================================
1. Abdul Salam @ Aslam Mian, Male, aged about 45 years, son of Md. Haroon
2. Danis Salam @ Danish, Male, aged about 25 years, son of Aslam Mian
3. Abdul Hanan @ Hanan Mian, Male, aged about 35 years, son of Md. Haroon All residents of village-Takiya, P.S-Gopalganj, District-Gopalganj. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Wasi Ahmad Khan, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 150, 152, 353, 504, 323, 307, 427 and 120B of the Indian Penal Code registered in connection with Gopalganj Town P.S. Case No. 534 of 2018.
3. It is submitted that the petitioners have been falsely implicated as the first information report has been instituted against as many as 22 named accused persons and 60-70 unknown persons. There is general and omnibus allegation and no specific accusation of assault has been attributed to any of the petitioners individually. No person has sustained any injury. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the
Patna High Court Cr.Misc. No.7036 of 2019(2) dt.08-02-2019 2/2 satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 534 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) BT/- U T