Patna High CourtCR. MISC./31069/2014bail granted

Sher Mohammad And ANR v. The State Of Bihar

2015-01-28Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31069 of 2014 Arising Out of PS.Case No. -336 Year- 2012 Thana -KODHA District- KATIHAR ======================================================

1. Sher Mohammad, S/o Late Yakub

2. Istab Ali @ Md. Istab Ali, S/o Late Yakub Both are residents of village- Rautara, P.S.- Korha (Routara), DistrictKatihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Md.Arif, A.P.P. CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with G.R. Case No. 3046 of 2012 and Korha (Rautara) P.S. Case No. 336 of 2012 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307 and 504 of the Indian Penal Code, seek the privilege of pre-arrest bail.

At the very outset, it has been submitted that in this case, the police after completing investigation, submitted final form against the petitioners, showing them not sent up vide Chargesheet No. 30/2013 dated 30.04.2013 and accordingly, the final form was

Patna High Court Cr.Misc. No.31069 of 2014 (2) dt.28-01-2015 accepted but against that order, revision was filed and then the matter was remanded back and again cognizance was taken against the petitioners also, resulting they are apprehending their arrest.

As in this case, police, after completing investigation, submitted final form against both the petitioners and others, showing them innocent and as such, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with G.R. Case No. 3046 of 2012 and Korha (Rautara) P.S. Case No. 336 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T