Ahasanul Haque @ Md. Ahasanu Haque And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45381 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ahasanul Haque @ Md. Ahasanu Haque, Son of Amtullah,

2. Irshad Alam, Son of Late Nurul Haque,

3. Sk. Kamrul Haque, Son of Aas Mohammad,

4. Haroon, Son of Sk. Kamrul Haque,

5. Imdad Alam @ Dadad Alam, Son of Sk. Kamrul Haque,

6. Tarikh Anwar @ Tarik Anwar, Son of Khurshid Alam, All resident of village- Murgiya Tola, P.S.- Ramgarhwa, District- East Champaran. .... .... Petitioners/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 The petitioners seeks regular bail in connection with Ramgarhwa P.S. Case No. 73 of 2017, registered for offences punishable under Section 302 and 120B of the Indian Penal Code and Section 25(1-b), 26, 27 and 35 of the Arms Act. Allegation against the petitioners and others is of killing the father of the deceased and informant came there saw some persons fleeing away from the spot.

It has been submitted on behalf of the petitioners that save and except suspicion, there is nothing against the petitioners and one of the co-accused having similar allegation has already been granted bail by a coordinate Bench of this Court vide order

dated 06.10.2017 passed in Cr. Misc. No. 37856 of 2017. Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that al the petitioners are named in the F.I.R and they along with other accused persons have killed the father of the informant. Having heard both sides, considering the facts and circumstances of the case, though allegation is serious and petitioners are named in the F.I.R but other accused having similar allegation has already been granted bail, let theses petitioners also, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Raxaul at Motihari, in connection with Ramgarhwa P.S. Case No. 73 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall 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.

(iii) The petitioners shall cooperate in the disposal of trial and make himself available

as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T