Shamim Miyan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19581 of 2016 Arising Out of PS.Case No. -161 Year- 2012 Thana -RASULPUR District- SARAN ======================================================
1. Shamim Miyan S/o Md. Bhola
2. Md. Ushman S/o Md. Ismail
3. Nirmal Sah S/o Late Yamuna Sah All resident of Village- Bhazouna, P.S. Manjhi, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-05-2016 Heard Sri Raghvendra Kumar, learned counsel for the petitioners and Smt. Nirmala Kumari , learned A.P.P. Three petitioners, apprehending their arrest in connection with Rasulpur P.S . Case No. 161 of 2012 registered for the offence under section 467, 468, 471, 472, 420, 406 , 120(B) of the Indian Penal Code, have prayed for grant of anticipatory bail.
It was submitted by learned counsel for the petitioners that in the accused column of the F.I.R. petitioners were not arrayed as accused however certain facts have been disclosed showing that petitioners at particular place had kept the asbestos sheets. He submits that it was not a case that petitioners were
Patna High Court Cr.Misc. No.19581 of 2016 (2) dt.19-05-2016 2/2 involved in the theft of asbestos sheets and without any rhyme and reason police has filed the case.
Learned A.P.P. has apposed the prayer for anticipatory bail. However, keeping in view the facts and circumstances, let the aforesaid three petitioners namely Shamim Miyan, Md. Ushman and Nirmal Sah be enlarged on bail on furnishing bail bond of Rs. 10000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra in connection with Rasulpur P.S. Case No. 161 of 2012 in the event of their arrest or surrender within a period of six weeks from today subject to the conditions as contemplated under section 438(2) of the Cr.P.C. (Rakesh Kumar, J) Praful/- U T