Ansarul And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14809 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -BENIPATTI District- MADHUBANI ======================================================
1. Ansarul, son of Md. Sagir,
2. Md. Sagir, son of Nathuni, Both resident of Village- Gangauli, P.S.- Benipatti, District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prem Chand Yadav For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 Heard the parties.
The petitioners are apprehending his arrest in connection with Benipatti P.S.Case No.72 of 2016 registered for offences punishable under Sections147, 148, 149, 323, 325, 427 & 302 of the Indian Penal Code.
It is submitted on behalf of the petitioners that they only member of the mob and that too without any arm and the allegation of assault is against other persons. It is further submitted that the occurrence took place due to petty issue that she-buffallow of the petitioners entered inside the farm of the informant and the informant caught it, due to that the occurrence took place and they have clean antecedent.
Heard learned A.P.P. also, who could not controvert the
Patna High Court Cr.Misc. No.14809 of 2017 (2) dt.03-04-2017 2/2 aforesaid facts.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, 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 A.C.J.M., Benipatti, District- Madhubani in connection with Benipatti P.S.Case No.72 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.
(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.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U