Faiyaz Ahamad And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17111 of 2016 Arising Out of PS.Case No. -220 Year- 2015 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Faiyaz Ahamad S/o Latgen Khan

2. Abul Mahasin S/o Latgen Khan

3. Bholtas Khan S/o Latgen Khan All are resident of village-Sabeya, P.S. Ram Nagar, District-West Champaran.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Prithvi Nath Mishra, Advocate. For the Opposite Party : Mr. Ajay Kumar 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147, 148, 149, 341, 323, 324, 307, 353, 504 and 379 of the Indian penal Code.

The prosecution case is that S.I. of Police Ashwani Kumar Tiwary received information that on 19.11.2015 at 7.22 P.M. due to negligent driving some bus crushed two persons. When the informant rushed to the place of incidence then the mob attacked and Constable Mahesh Pal was caused injury with knife and four cartridges were snatched. The mob also pelted stones.

The learned counsel for the petitioners submitted that the accusation is against mob and only on suspicion the petitioners have been roped in the present case. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.17111 of 2016 (3) dt.26-04-2016 2/2 Considering the aforesaid facts, let petitioners above named, be released on bail in the event of his arrest or surrender before the Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran in Bettiah P.S. Case No. 220/2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioners will be accepted on filing of individual affidavit before the learned Court below that they will regularly co-operate in the investigation. Let the learned Court below get the said affidavit transmitted to the concerned I.O. Non-co-operation in the investigation will give liberty to the learned Court below to cancel bail bonds of the petitioners.

(Dinesh Kumar Singh, J.) Amit/Anil U T