Sharif Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7530 of 2020 Arising Out of PS. Case No.-125 Year-2019 Thana- KOCHADHAMAN District- Kishanganj ====================================================== 1.

SHARIF ALAM Son of Allauddin @ Alauddin Resident of Village - Gargaon, P.S.- Kochadhaman, Distt.- Kishanganj. 2.

Ruhel @ Rohel Son of Allauddin @ Alauddin Resident of Village - Gargaon, P.S.- Kochadhaman, Distt.- Kishanganj.

3.

Salimuddin @ Saleemuddin Son of Md. Bux Resident of Village - Gargaon, P.S.- Kochadhaman, Distt.- Kishanganj.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners in this case are seeking anticipatory bail in connection with Kochadhaman P.S. Case No. 125 of 2019 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 302, 341, 325 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case in the capacity of members of mob without attributing any specific overt act in commission of offence.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the

Patna High Court CR. MISC. No.7530 of 2020(2) dt.03-03-2020 2/3 petitioners that there are general and omnibus kind of allegations against them that they were among the members of the mob but there is no allegation of commission of any overt act against these petitioners and the specific allegations of assault have been made against other co-accused, the submission of learned counsel for the petitioners having remain uncontroverted to that extent by learned APP for the State, let the petitioners above named in case of their arrest or surrender within a period of four weeks from today in connection with Kochadhaman P.S. Case No. 125 of 2019 be released on bail on furnishing of bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required:

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer;

Patna High Court CR. MISC. No.7530 of 2020(2) dt.03-03-2020 3/3 (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T