Md. Sabir And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52072 of 2018 Arising Out of PS.Case No. -176 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Md. Sabir, S/o Md. Ishekhar @ Md. Iftekhar,

2. Munna @ Md. Munna, S/o Md. Ishekhar @ Md. Iftekhar,

3. Saddam @ Md. Sadam, S/o Md. Ishekhar @ Md. Iftekhar,

4. Md. Iftekhar @ Md. Ishtekhar @ Mohmmad Iftekhar Abbasi, S/o Late Rajak, all R/o Vill.- Muhalla- Tikari Road, Azad Nagar Aurangabad, P.S.- Aurangabad, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Leelawati Kumari, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 31-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Aurangabad (Town) P.S. Case No.176 of 2018 instituted for the offence under Section(s) 341, 323, 504, 307, 379/34 Indian Penal Code. In the written report, there is general and omnibus allegation against the petitioners that they abused and assaulted the son of the informant.

It has been submitted that petitioners and informant are next door neighbours.

From the impugned order also, it appears that there was no injury report in the case diary.

Patna High Court Cr.Misc. No.52072 of 2018 (2) dt.31-08-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Aurangabad (Town) P.S. Case No.176 of 2018, they shall be released on anticipatory 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, Aurangabad, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- Rohit Kr.

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