Md. Jago @ Jalal @ Jalaluddin And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10106 of 2019 Arising Out of PS. Case No.-824 Year-2018 Thana- FORBESGANJ District- Araria ======================================================

1. Md. Jago @ Jalal @ Jalaluddin S/o Late Kashim

2. Md. Najim S/o Jago @ Jalal @ Jalaluddin r

3. Mulla @ Md. Samamul @ Samamul S/o Jago @ Jalal @ Jalaluddin All resident of Rampur North, Ward No.7, P.S-Forbesganj, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Thakur For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-02-2019 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, 447, 341, 323, 325,307,354(B),379, 504, 506 IPC registered in connection with Forbesganj P.S. Case No. 824 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the thrust of accusation is against co-accused Md. Raju. There is case and counter case between the parties in the backdrop of land dispute. The accusation of assault with fists and slaps on the informant by petitioner no. 1 is general and omnibus in nature. The injury sustained by Imtiyaz at the hands of petitioner no. 3 and by the informant's nephew Amjad are simple in nature. 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Araria, in connection with Forbesganj P.S. Case No. 824 of

Patna High Court Cr.Misc. No.10106 of 2019(2) dt.20-02-2019 2/2 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate 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.

iv. The petitioners sshall 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 bond shall be liable to be cancelled by the learned Court concerned. Vikash Jain, J) Chandran/- U T