Bhutkun Miyan @ Bhutgun Miyan @ Bhargun Miyan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10015 of 2019 Arising Out of PS. Case No.-276 Year-2017 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

BHUTKUN MIYAN @ BHUTGUN MIYAN @ BHARGUN MIYAN, S/O Najabu Miyan, Resident of village- Khaira Asha, P.S. - Baikunthpur, District- Gopalganj.

2.

Khurshed Miyan @ Kurshed Miyan, S/o Kudus Miyan Resident of villageKhaira Asha, P.S. - Baikunthpur, District- Gopalganj. 3.

Najmuddin @ Najbuddin S/O Kula Miyan Resident of village- Khaira Asha, P.S. - Baikunthpur, District- Gopalganj.

4.

Nasim Miyan S/O Nizam Miyan Resident of village- Khaira Asha, P.S. - Baikunthpur, District- Gopalganj.

5.

Taiyab Miyan, S/O Jaggi Miyan Resident of village- Khaira Asha, P.S. - Baikunthpur, District- Gopalganj.

6.

Kudus Miyan, S/O Jaggi Miyan Resident of village- Khaira Asha, P.S. - Baikunthpur, District- Gopalganj.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Baikunthpur P.S. Case No. 276 of 2017, registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code. Allegation against the the several accused persons, including the petitioners is of assault by sword, rod, etc. and there is allegation against petitioner Nos. 5 and 6 and one Wakil Miyan made indiscriminate firing.

Submission of learned counsel for the petitioners is that

Patna High Court CR. MISC. No.10015 of 2019(4) dt.30-04-2019 2/2 none has received any injury on the firing and there is general and omnibus allegation and considering the same other co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 4.12.2018 passed in Cr.Misc.No. 72050 of 2018.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioners, 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 Sri Neeraj Kumar Pandey, Judicial Magistrate, 1st Class, Gopalganj, in connection with Baikunthpur P.S.Case No. 276 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure 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