Md. Sabru And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52719 of 2017 Arising Out of PS.Case No. -223 Year- 2017 Thana -PALASI District- ARRARIA ======================================================

1. Md. Sabru, Son of Md. Lazim,

2. Md. Mehraz Son of Late Tinkauri,

3. Md. Sehraz S/o Late Tinkauri,

4. Md. Lazim Son Late Ulfat,

5. Md. Nayeem son of late Hanif Khan

6. Md. Hirwa Son of Md. Nayeem Khan, All are resident of VillageDehti, P.S.- Palasi, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/324/307/379/504/34 of the Indian Penal Code. Submission of the learned counsel for the petitioners is that allegation against petitioner Md. Sabru is that he caused injury with lathi on the head of the informant. There is no allegation against other petitioners of commission of any injury on vital part of the body.

Considering the fact that Md. Sabru had

Patna High Court Cr.Misc. No.52719 of 2017 (2) dt.09-11-2017 P2/ knowledge that his act might cause death, I am not inclined to grant anticipatory bail to the petitioner. Hence, his prayer for anticipatory bail is refused.

Let other petitioners, namely, Md. Mehraz, Md. Sehraz, Md. Laxim, Md. Nayeem, Md. Hirwa, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Palasi Police Station Case No. 223 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T