Md. Addu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 47309 of 2014 Arising Out of PS.Case No. -175 Year- 2013 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Md. Addu Son of Late Md. Kalim @ Md. Kalimuddin.

2. Md. Humau @ Hemau @ Md. Himati Son of Late Md. Alim.

3. Md. Kamruddin @ Sadam @ Kamaruddin Son of Sanaullah @ Sanno. All resident of Village- Mirzapur, Bardah, P.S.-Muffasil, District - Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 23-04-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend arrest in Muffasil P.S. Case No. 175 of 2013 dated 18.07.2013 instituted under Sections 147/148/149/114/332/353/307/379/225/201/323 of the Indian Penal Code and 25 (1-A)/ 25(1-AA)/25(1-B)(a)(c)/ 26 (1) (2)/35 of The Arms Act, 1959.

Learned counsel for the petitioners submits that they were only members of the mob of more than 40 persons in which 40 have been named in the F.I.R. itself. Learned counsel submits that the allegation against the petitioners is that they were only members of the mob and they have no criminal antecedent. Learned counsel as drawn the attention of the Court to Annexure-2, which is copy of

Patna High Court Cr.Misc. No.47309 of 2014 (2) dt.23-04-2015 2/3 order dated 29.04.2014 in Cr. Misc. No. 9326 of 2014, where a co-ordinate Bench of this Court has granted anticipatory bail to two similarly situated co-accused.

Learned A.P.P.

opposes the prayer for anticipatory bail.

Considering 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in Muffasil P.S. Case No. 175 of 2013, 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 will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners.

Patna High Court Cr.Misc. No.47309 of 2014 (2) dt.23-04-2015 3/3 initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Ahsanuddin Amanullah, J.) P. Kumar U T