Md. Yasin And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6058 of 2018 Arising Out of PS.Case No. -134 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================
1. Md. Yasin, Son of Late Md. Usman,
2. Md. Irshad
3. Md. Akram, both sons of Md. Yasin, All Resident of Village- Khokhan Tola, P.S.- Chausa, DistrictMadhepura. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Chausa P.S. Case No. 134 of 2017 registered for offences under sections 341, 323, 307, 354, 504, 506, 34 of the Indian Penal Code.
An allegation has been made that eight persons have surrounded the Informant and his son and assaulted mercilessly. There is an allegation against the petitioner no.2 Md. Irshad to have caused injury on the head and there is omnibus allegation against the petitioner nos. 1 & 3.
Keeping in view the offence alleged against the
Patna High Court Cr.Misc. No.6058 of 2018 (2) dt.02-02-2018 petitioner no.2, this Court is not inclined to grant privilege of anticipatory bail to him.
Accordingly, the prayer for anticipatory bail of the petitioner no.2, namely, Md. Irshad is rejected. Looking to the entire facts and circumstances of the case and the nature of allegation, let the petitioner nos. 1 & 3, namely, Md. Yasin and Md. Akram, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 134 of 2017 corresponding to G.R. No. 595 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
If the petitioner no.2, Md. Irshad, surrenders before the court below and prays for bail, the court below will decide the case on merit without being influenced by this order expeditiously preferably on the same day of surrender itself. (Shivaji Pandey, J) Rishi/- U T