Md. Mokim And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47103 of 2018 Arising Out of PS.Case No. -279 Year- 2015 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Md. Mokim,

2. Md. Wakil,

3. Md. Sakil, All are sons of Md. Samsuddin, Resident of Village- Bihari, P.S.- Bhagwanpur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarvan Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Bhagwanpur P.S.Case No.279 of 2015 , registered for offences punishable under Sections 447, 341, 323, 308,504/34 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant causing injury to him.

Submission of the learned counsel for the petitioners is that the injury is said to be grievous but no specific allegation has been attributed against the petitioners and five persons have been made accused in this case.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.47103 of 2018 (2) dt.14-08-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Bhagwanpur P.S.Case no.279 of 2015 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T