Md. Jubair Alam @ Md. Jubair And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32697 of 2015 Arising Out of PS.Case No. -45 Year- 2015 Thana -CHAUSA District- MADHEPURA ======================================================
1. Md. Jubair Alam @ Md. Jubair, Son of Late Illiyas
2. Md. Murad, Son of Late Md. Khushbokth @ Late Md. Buroo
3. Md. Rajeesh @ Md. Rahish, Son of Md. Talim All Resident of Village - Paina, P.S. - Chausa, District - Madhepura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. U.L.Verma (A.P.P.) ======================================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Chausa P.S. Case No. 45 of 2015, disclosing offences under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel appearing on behalf of the petitioners submits that for the alleged occurrence dated 14/04/2015, the Fardbeyan of the present case was made on
Patna High Court Cr.Misc. No.32697 of 2015 (2) dt.14-08-2015 2/3 29/04/2015. He submits that prior to institution of the present case; the First Information Report was lodged by the petitioner no. 1, implicating the informant as an accused in a case of murder of his brother. The occurrence of the said case had taken place on 14/04/2015 and the First Information Report was also instituted on the same date. Learned counsel for the petitioners submits that the present one is a malicious prosecution and is a counter blast to the earlier case instituted by the petitioner no. 1. In view of the submission as above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Uda-Kishunganj, Madhepura in connection with Chausa P.S. Case No. 45 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of
Patna High Court Cr.Misc. No.32697 of 2015 (2) dt.14-08-2015 3/3 failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T