Patna High CourtCR. MISC./19208/2016bail granted

Md. Aynul @ Aynul Mian And ANR v. The State Of Bihar

2016-05-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19208 of 2016 Arising Out of PS.Case No. -125 Year- 2014 Thana -JAMUI District- JAMUI ======================================================

1. MD. AYNUL @ AYNUL MIAN S/O- Late Md. Ismail

2. Gado @ Shamsher S/o- Md. Ashgar @ Asgar Ali, both are resident of village- Lohra, P.S.- Jamui, District- Jamui .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Jamui P.S.Case No. 125/2014, disclosing offences under sections 341, 323, 307, 379, 504/34 of the Indian Penal Code. The allegation against the petitioners is of assaulting the informant with rod and lathi.

Learned counsel, appearing on behalf of the petitioners, has submitted that no offence under section 307 of the I.P.C. is made out even if the allegations, as contained in the F.I.R., are treated to be correct. The petitioners have no criminal antecedent. Considering the nature of allegation against them, this application is allowed.

Patna High Court Cr.Misc. No.19208 of 2016 (2) dt.13-05-2016 Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six 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 the Chief Judicial Magistrate, Jamui in Jamui P.S.Case No. 125/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U