Patna High CourtCR. MISC./17561/2019bail granted

Fariyad Alam v. The State Of Bihar

2019-03-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17561 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- SIKTA District- West Champaran ====================================================== 1.

FARIYAD ALAM Son of Sheikh Naimullah @ Nadal Resident of villageJhumka, P.S.- Sikta, District- West Champaran. 2.

Ejaj Hassan Son of Sheikh Naimullah @ Nadal Resident of village- Jhumka, P.S.- Sikta, District- West Champaran.

Fatama Khatoon Wife of Sheikh Naimullah @ Nadal Resident of villageJhumka, P.S.- Sikta, District- West Champaran. 4.

Zarina Khatoon Wife of Fariyad Alam Resident of village- Jhumka, P.S.- Sikta, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341/323/324/307/354(B)/379/504/34 IPC registered in connection with Sikta P.S. Case No. 125 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute and there is case and counter case between the parties. The accusation of assault is general and omnibus without any specific assault attributed individually. There is no injury report on record to corroborate the injuries on the informant's side. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.17561 of 2019(2) dt.26-03-2019 2/2 each with two sureties of like amount each to the satisfaction of learned CJM, West Champaran, Bettiah in connection with Sikta P.S. Case No. 125 of 2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner nos. 1 and 2 shall remain physically present and petitioner nos. 3 and 4 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U