Nobul @ Abu Talib Hussain And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3239 of 2018 Arising Out of PS.Case No. -699 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================
1. Nobul @ Abu Talib Hussain, son of Mukhtar Hussain, resident of Mohalla- Kamra, P.S.- Town, District- Muzaffarpur,
2. Muntazir Imam @ Kunni, son of Haider Imam, resident of MohallaNawab Road, P.S. Town, District- Muzaffarpur,
3. Zahid @ Zahid Hussain, son of Nesar Ahmad, resident of MohallaKamra, P.S.- Town, District- Muzaffarpur,
4. Mintu @ Iqbal Jahoor, son of Tuntun @ Manzoor Hussain, resident of Mohalla- JKamra, P.S.- Town, District- Muzaffarpur,
5. Syed Sabir Hussain Naqvi @ Chhotu, son of Ali Ameer, resident of Mohalla- Kamra, P.S.- Town, District- Muzaffarpur,
6. Shabbier Hussain @ Shabbier Hussain Naqvi, son of Munnu Hussain @ Syed Ali Amera, resident of Mohalla- JKamra, P.S.- Town, DistrictMuzaffarpur.
7. Nazim Hussain, son of Late Karrar Hussain, resident of Mohalla- Data Kambal Shah, P.S. Town, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rashid Izhar, Advocate For the Opposite Party/s : Mr. Sri Arun Kumar Pandey, APP Mr. Neeraj Kumar alias Sanidh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-03-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners apprehend their arrest in Town P.S. Case No.699 of 2015 instituted for the offence under Section(s) 147, 149, 323, 341, 504, 364, 511 Indian Penal Code and Section 27 of the Arms Act.
It is alleged in the written report that on the date of occurrence the petitioners attempted to abduct the informant by a
Patna High Court Cr.Misc. No.3239 of 2018 (3) dt.29-03-2018 2/3 car.
Counsel for the petitioners has submitted that the informant is Mutawalli of the property and he is trying to sell the waqf land. These petitioners are raising objection for such act of the informant. Therefore, the informant has filed false case against the petitioner. The informant earlier also lodged Town P.S. Case No.636 of 2015, in which the petitioners have already been granted anticipatory bail by this Court by order dated 19.02.2018 passed in Cr. Misc. No.5993 of 2018. 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 Town P.S. Case No.699 of 2015, 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 Chief Judicial Magistrate, Muzaffarpur, 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
Patna High Court Cr.Misc. No.3239 of 2018 (3) dt.29-03-2018 3/3 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, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T