Md. Tuntun And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.1089 of 2018 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1089 of 2018 Arising Out of PS.Case No. -321 Year- 2017 Thana -JAMUI District- JAMUI ======================================================

1. Md. Tuntun son of Md. Hanif,

2. Md. Farid son of Anwar Hussain, resident of Village- Marisauri, P.S. and District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Sri Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

This is a case registered under Sections 147, 149, 337, 338, 307, 353, 188, 153(A)(1)(a)(b)(c), 153A(2), 295, 332, 120(B) of the Indian Penal Code.

It is submitted that the allegation is in respect of 28 named and 50 unnamed persons. Petitioners are named persons and there is general and omnibus allegation against all the accused persons of indulging in violation. They have been implicated due to extraneous consideration and merely on the basis of suspicion. They are in custody since 3.10.2017 having no criminal antecedent prior to the instant case. He further submits that falsity of the allegation is evident from delay in lodging of the FIR. Other

Patna High Court Cr.Misc. No.1089 of 2018 (2) dt.12-01-2018 similarly situated persons have also been allowed bail by this Court.

In the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Jamui Town P.S. Case No. 321 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.

(ii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T