Jamal Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47934 of 2018 Arising Out of PS.Case No. -386 Year- 2017 Thana -RANIGANJ District- ARRARIA ======================================================

1. Jamal Sah,

2. Tabrej Sah @ Md. Tabrej Alam, both sons of Ainul Sah,

3. Nabi Hassan, son of late Jamil Sah,

4. Ramjani Sah, son of late Nakchhedi Sah,

5. Janna Sah, son of late Ushman,

6. Sakir Sah, son of Jakku Sah,

7. Rustum Sah, son of Suleman Sah,

8. Shamsher Sah,

9. Zainul Sah, both sons of Ramjani Sah,

10. Khurshid Sah @ Khurshid @ Mushir Sah, son of Imamul Sah,

11. Imamul Sah, son of Rahmuddin Sah,

12. Khurshid Sah, son of Khuddi Sah,

13. Guddar Sah, son of Rahmuddin Sah,

14. Kallar Sah, son of Gayas Uddin Sah @ Amruddin.,

15. Mansoor Sah, son of Ashif Sah,

16. Kalim Sah, son of Muddin Sah,

17. Nazir Sah,

18. Nashir Sah, both sons of late Harku Sah,

19. Yunus Sah, son of Janna Sah,

20. Mohiuddin Sah @ Mehruddin Sah, son of late Yasin Sah, All are resident of Village- Jagta Kharsahi, Ward No. 7, Police StationRaniganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 27-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Raniganj P.S. Case No. 386 of 2017 instituted for the offence under Section(s) 147, 148, 341, 342, 353 and 504 Indian Penal Code.

Patna High Court Cr.Misc. No.47934 of 2018 (2) dt.27-08-2018 2/3 Counsel for the petitioners submits that there is general and omnibus allegation in the written report against petitioners.

From the written report, it appears that although petitioners are named in the First Information Report, but there is no any specific allegation against them.

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 Raniganj P.S. Case No. 386 of 2017, 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 SubDivisional Judicial Magistrate, Araria, 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,

Patna High Court Cr.Misc. No.47934 of 2018 (2) dt.27-08-2018 3/3 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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