Md. Ajmal Hussain And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.37569 of 2017 (7) dt.13-10-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37569 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -JAMHORA District- AURANGABAD ======================================================
1. Md. Ajmal Hussain, son of Late Shamsul Haque.
2. Jamalussin Shah, son of Late Samsuddin Shah.
3. Atiqur Rahman, son of Late Md. Kalam.
4. Farhstullah @ Farhat Ullah, son of Jan Mohammad. All Residents of Village- Kasdihra, P.S.- Jamhor, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-10-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jamhor Police Station Case No. 44 of 2017, disclosing offences under Sections 406, 420 and 34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the petitioners happen to be Office Bearer of a registered Trust namely Faizane Ashi Trust having valid registration bearing No. 20987, which deals in providing better education to the children and their welfare
Patna High Court Cr.Misc. No.37569 of 2017 (7) dt.13-10-2017 scheme in the concerned vicinity, which is clearly evident from the annexures annexed to this petition. No such occurrence as alleged in the F.I.R. has ever took place rather the petitioners have falsely been implication in this case due to village politics. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Jamhor Police Station Case No. 44 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J.) brajesh/- U T