Mahtab And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.24398 of 2017 (3) dt.28-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24398 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -JOKIHAT District- ARRARIA ======================================================

1. Mahtab, son of Islam.

2. Safil @ Safique, son of Hasibur Rahman, Both resident of village Gogra, Police Station Jokihat, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate. For the Opposite Party/s : Mr. Sri Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Jokihat (Mahalgaon) P.S. Case No. 82 of 2017, registered under Sections 341, 323, 324, 325, 326, 307, 379, 427, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that on the basis of written report of informant, Amar Kumar, F.I.R. was lodged against 3 - 4 unknown but in course of investigation, the witnesses in paragraphs 3, 4 and 5 have only stated that before the occurrence petitioners were seen moving near the place of occurrence and no tangible material has come against the petitioners showing their involvement in the present case. It is

Patna High Court Cr.Misc. No.24398 of 2017 (3) dt.28-06-2017 further submitted that petitioners have no criminal antecedent are in custody since 16.03.2017.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Araria, in connection with Jokihat (Mahalgaon) P.S. Case No. 82 of 2017. Out of two sureties, one surety must be the close relative of the petitioners.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T