Ashique And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66986 of 2018 Arising Out of PS. Case No.-191 Year-2018 Thana- JOKIHAT District- Araria ======================================================

1. Ashique S/o Helal

2. Sajid S/o Baharuddin

3. Helal S/o Late Safool

4. Baharuddin S/o Late Safool All Resident of Village-Simariya,Tola Kumhiya,Ward No.04,P.S. Jokihat,Distt.-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Smt.Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehends their arrest for the offences alleged under Sections 341, 323, 448, 354(B), 376, 379, 504, 506/34 IPC registered in connection with Jokihat P.S. Case No. 191/2018.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to the family members of Md. Majid and Md. Rashid against whom the thrust of accusation has been made. The allegation of assault and snatching levelled against the petitioners is ornamental in nature. The FIR has been instituted after considerable delay on

Patna High Court Cr.Misc. No.66986 of 2018(2) dt.04-01-2019 2/3 25.06.2018 for the alleged occurrence on 13.04.2018. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners' be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 191/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the

Patna High Court Cr.Misc. No.66986 of 2018(2) dt.04-01-2019 3/3 event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T