Patna High CourtCR. MISC./76244/2018bail granted

Sheikh Baharul And ORS v. The State Of Bihar

2019-01-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76244 of 2018 Arising Out of PS. Case No.-59 Year-2018 Thana- BALTHAR District- West Champaran ======================================================

1. Sheikh Baharul and Ors

2. Sheikh Munna,

3. Majahir,

4. Ekbal, All Sons of Sheikh Hassan @ Sheikh Abul Hassan,

5. Sheikh Jahir, Son of Sheikh Fazal All residents of Village- Jhumka,

6. Saiful Devan @ Sheikh Saiful @ Saiful, Son of Late Farzan Devan,

7. Mumtaz Alam, Son of Jahir Alam, Both residents of Village- Sirisiya, All within Sikta, P.S., District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Balthar P.S.Case No. 59 of 2018, registered for offences punishable under Sections 145, 147, 149, 151, 152, 353 and 341 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is that the due to death of a person all the F.I.R. named accused persons along with 100-125 unknown persons blocked the road and created obstruction in duty of the police.

Submission of the learned counsel for the petitioners is that they have been falsely implicated in this case and there

Patna High Court Cr.Misc. No.76244 of 2018(3) dt.29-01-2019 2/2 is no any specific allegation against the petitioners and petitioners have no criminal antecedents.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Balthar P.S.Case No. 59 of 2018 to the satisfaction of learned Additional Chief Judicial MagistrateVII, West Champaran at Bettiah, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court .

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