Md. Rehan @ Rehan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12206 of 2017 Arising Out of PS.Case No. -541 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Rehan @ Rehan, son of Md. Iddan @ Md. Idwi, resident of Mohalla-Banaulia, P.S. Bihar, District-Nalanda

2. Sahud Alam @ Sahud Miyan @ Sarfaraz, son of Rasid @ Habiz Miyan, resident of Mohalla-Banaulia, P.S. Bihar, District-Nalanda

3. Md. Arman, son of Md. Salam, resident of Mohalla-Banaulia, P.S. Bihar, District-Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Bihar P.S. Case No. 541 of 2016, registered for the offences punishable under Sections 147, 148, 149, 323, 341, 342, 324, 504, 506, 307, 153A and 295A of the Indian Penal Code. There is omnibus allegation against the petitioners of causing injury to the others.

It has been submitted on behalf of the petitioners that there is general and omnibus allegation against the petitioners and there is case and counter case and the injury is simple in nature. Heard learned A.P.P. also.

Having heard both sides and in view of the general

Patna High Court Cr.Misc. No.12206 of 2017 (4) dt.01-05-2017 allegation and the injury being simple in nature, let the petitioners, named above, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Bihar Sharif in connection with Bihar P.S. Case No. 541 of 2016, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. With following conditions:

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court;

(ii) The petitioners will not induce any witness or tamper with the evidence; and (iii)The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond.

So far as the petitioner no. 2 is concerned, his prayer for grant of anticipatory bail has already been dismissed as withdrawn as he has been arrested.

S.Sb/- (Vinod Kumar Sinha, J) U T