Patna High CourtCR. MISC./33133/2014dismissed

Sheikh Rizwan @ Md. Rizwan And ORS v. The State Of Bihar

2015-02-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33133 of 2014 Arising Out of PS.Case No. -82 Year- 2014 Thana -ANDER District- SIWAN ======================================================

1. Sheikh Rizwan @ Md. Rizwan

2. Shahadat Hussain

3. Gulam Hussain All three sons of Sheikh Mansoor, Resident of Village-Gaziapur, P.S.- Ander District-Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 This application is filed under Section 438 Cr.P.C. by the petitioners with a prayer for grant of anticipatory bail. The petitioners figure as accused in a case for the offences punishable under Sections 341, 324, 325, 307, 504, 506/34 of the Indian Penal Code.

A.B.P. No. 1206 of 2014 filed by the petitioners in the court of Sessions Judge, Siwan, was rejected on 4.7.2014. Hence, this application.

A perusal of the FIR discloses that main allegation was against Hazrat Hussain and Rizwan Khan. Both of them are said to have been arrested and released on bail. Except that the

Patna High Court Cr.Misc. No.33133 of 2014 (3) dt.04-02-2015 2/2 petitioners are said to have been present at the place of incident, no specific overt act is attributed against the petitioners. It has come on record that petitioner no.1 has already been arrested. Accordingly, this petition is allowed in respect of petitioner nos. 2 and 3.

It is directed that in the event of arrest, petitioner nos. 2 and 3, namely, Shahadat Hussain and Gulam Hussain shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Ander PS Case No.82/2014.

(L. Narasimha Reddy,CJ) mrl U T