Md. Taslim And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15560 of 2015 Arising Out of Barsoi PS.Case No. -122 Year- 2014 Thana -BARSOI District- KATIHAR ======================================================
1. Md. Taslim S/o Md. Daleel
2. Md. Azibul S/o Md. Daleel
3. Md. Dalil s/o Late Dhelu Mohammad, All Resident of Village Basalgaon, P.S. Barsoi, District Katihar.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 10-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Md. Taslim, Md. Azibul and Md. Dalil, in connection with Barsoi Police Station Case No. 122 of 2014 under Section 147/149/342/323/325/307/302 of the Indian Penal Code. Perused the above application, and materials on record including a copy of the order, dated 12.12.2014, passed, in A.B.P. No.1005 of 2014, by the learned Sessions Judge, Katihar, dismissing the said application for pre-arrest bail. Heard Mr. Surendra Kumar Singh, learned counsel for the petitioners, and Mr. Ram Chandra Singh, learned Additional Public Prosecutor, appearing on behalf of the State.
Patna High Court Cr.Misc. No.15560 of 2015 (2) dt.10-07-2015 In view of the fact that perusal of record does not reveal any such incriminating materials against the petitioners, which would warrant them custodial detention and interrogation, this Court is of the view that the petitioners have been able to make out a case calling for appropriate direction for pre-arrest bail.
Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioners abovenamed shall, in the event of their arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Barsoi Police Station, Katihar . This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Barsoi Police Station, and make themselves available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions.
Patna High Court Cr.Misc. No.15560 of 2015 (2) dt.10-07-2015 Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Barsoi Police Station, District Katihar. Send also a copy of this order, forthwith, to the Superintendent of Police, Katihar, by fax.
(I. A. Ansari, J) A.I./- U