Md. Afridi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71558 of 2018 Arising Out of PS. Case No.-242 Year-2018 Thana- PAKARIBARAW District- Nawada ======================================================

1. Md. Afridi

2. Ali Khan @ Md. Ali Khan Both Sons of Late Aahat Khan

3. Md. Afak Son of Md. Sajid Khan @ Jainu All are Resident of Momin tola, Pakribarwan P.S.-Pakribarwan Distirct-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Kamaluddin For the Opposite Party/s :

Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2018 Heard the parties.

The petitioners seek regular bail in connection with Pakribarwan P.S.Case No.242 of 2018 dated 22.9.2018 registered for offences punishable under Sections 147, 148, 149, 341, 323, 353, 225(b), 332, 333, 504 of the Indian Penal Code. Allegation against the petitioners as per FIR is that several accused persons surrounded the police party while one accused was arrested and entered into the police station premises and obstructed the public servant in discharge of the official duty and tried to rescue Shan Mali.

Submission of the learned counsel for the petitioners is that several persons have been made accused in this case and

Patna High Court Cr.Misc. No.71558 of 2018(2) dt.10-12-2018 2/2 nothing has been mentioned against the petitioners and they are in custody since 24.9.2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged 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 the learned Pakribarwan P.S.Case nO.242 2018 in connection with CJM, Nawada. 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.

(iii) The petitioner shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

chn/- (Vinod Kumar Sinha, J) U T