Patna High CourtCR. MISC./15183/2018bail granted

Md. Abid And ANR v. The State Of Bihar

2018-04-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15183 of 2018 Arising Out of PS.Case No. -296 Year- 2017 Thana -RANIGANJ District- ARRARIA ======================================================

1. Md. Abid, S/o Late Akimuddin @ Akalu,

2. Mithu S/o Late Akimuddin @ Akalu, Both are R/o Village- Kala Baluwa Ward No. 6, P.S.- Raniganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate. For the Opposite Party/s : Mr. Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Raniganj P.S. Case No. 296 of 2017 instituted for the offence under Sections 341, 323, 324, 325, 379, 504 and 506/34 of the Indian Penal Code.

In the written report there is specific allegation against co-accused Md. Sabir and Md. Zuber of assaulting prosecution party. There is no any specific allegation against the petitioners of committing assault to anybody.

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

Patna High Court Cr.Misc. No.15183 of 2018 (2) dt.11-04-2018 2/2 six weeks from today, in connection with Raniganj P.S. Case No. 296 of 2017, they shall be released on anticipatory 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 Sub Divisional 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or 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) S.Ali/- U T