Aitullah Mian @ Atiullah Mian And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2686 of 2016 Arising Out of PS.Case No. -238 Year- 2015 Thana -CHATOUNI District- EAST CHAMPARAN (MOTIHARI) ======================================================
1. Aitullah Mian @ Atiullah Mian, S/o Kausar Mian
2. Saiyad Imran Hussain @ Little @ Littil, S/o Sahid Hussain @ Babloo Both are resident of Mohalla - Khod Nagar Bhawanipur Zirat, P.S. - Chhatauni, District - East Champaran at Motihari .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. A.L. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 12-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Chhatauni P.S. Case No. 238 of 2015 registered under Sections 147, 148, 149, 188, 333, 342, 427, 353, 504 and 505 of the Indian Penal Code.
It is contended that though there is allegation of road blockade against 40-50 persons, there is nothing specifically alleged against the petitioners. It is also contended that from a
Patna High Court Cr.Misc. No.2686 of 2016 (3) dt.12-04-2016 2 / 2 perusal of the FIR, it would be evident that there is no allegation of assault or use of criminal force by the accused persons to the public servant from discharge of their duties. Learned counsel for the State has opposed the application for grant of anticipatory bail to the petitioners. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chhatauni P.S. Case No. 238 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.) Sanjeet/- U T