Md. Akbar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7879 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -JOGBANI District- ARRARIA ======================================================
1. Md. Akbar son of
2. Md. Raja son of
3. Umar Hussain son of, all are residents of village-Jhokhran Ward No.8, Police Station\Jogbani (Bathnaha), District-Araria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Jugbani (Bathnaha) P.S. Case No. 98 of 2016 instituted for the offence under sections 341, 342, 323, 353, 504, 506/34 of the Indian Penal Code.
It has been submitted that there is general and omnibus allegation against these petitioner. The instant case has been filed as counterblast by wife of the petitioner no.1 against informant and other SSB personnel vide Jogbani (Bathnaha) P.S. Case No. 99 of 2016 on 11.7.2016 under sections 341, 323, 354, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms
Patna High Court Cr.Misc. No.7879 of 2017 (3) dt.21-03-2017 2/3 Act.
From the written report, it appears that there is general and omnibus allegation against all these petitioners of causing obstruction in discharging official duty by informant and other police party.
From the written report, it appears that no injury has been caused to the police party.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners named above, within six weeks from today, in connection with Jogbani (Bathnaha) P.S. Case No. 98 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, 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 absence on two consecutive dates without proper and reasonable reasons, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or
Patna High Court Cr.Misc. No.7879 of 2017 (3) dt.21-03-2017 3/3 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) Ravi/- U T