Patna High CourtCR. MISC./3893/2018bail granted

Md. Samsuzzoha @ Md. Joha And ORS v. The State Of Bihar

2018-02-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3893 of 2018 Arising Out of PS.Case No. -147 Year- 2017 Thana -KEOTI District- DARBHANGA ======================================================

1. Md. Samsuzzoha @ Md. Joha Son of Late Md. Shamsul,

2. Md. Asad,

3. Md. Amjad Both Sons of Late Md. Shabbir, All Resident of VillageAsraha, P.S.-Keoti, District-Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 Heard the parties.

Petitioners are apprehending their arrest in Keoti P.S.Case No.147 of 2017 registered for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 325, 379 and 504/34 of I.P.C.

Allegation against petitioner no. 1 is of assaulting by rod on the leg of the informant and also allegation of assault against others.

Submission of the learned counsel for the petitioner is that present case is counter blast to the case filed by the accused persons and allegation against petitioner nos. 2 and 3 is general and omnibus and so far petitioner no. 1 is concerned, allegation of assault is not on the vital part of the body.

Patna High Court Cr.Misc. No.3893 of 2018 (2) dt.01-02-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/-each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-VII, Darbhanga, in Keoti P.S. Case No.147 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioners will not induce any witness or tamper with the evidence and the petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) AnilKrSinha/- U