Seikh Nasim And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13127 of 2018 Arising Out of PS.Case No. -49 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ======================================================
1. Seikh Nasim, S/o Seikh Sahis,
2. Seikh Salim, Son of Seikh Sahis, Both are R/o Pirpaiti Bazar, P.S.- Pipaiti, Dist- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Pirpainty P.S.Case no.49 of 2017 (G.R.No.716/2017) , registered for offences punishable under Sections 323, 448, 307, 504, 506 and 34 of the Indian Penal Code.
Petitioners are named in the FIR and there is allegation of assault by the petitioners and other accused persons. Submission of the learned counsel for the petitioners is that no specific overtact has been mentioned and several co-accused persons having similar allegation have already been granted privilege of anticipatory bail, vide order dated 6.7.2017 passed in Cr. Misc. No.22550 of 2017 and order dated 20.9.2017 passed in Cr. Misc. No.43650 of 2017.
Patna High Court Cr.Misc. No.13127 of 2018 (2) dt.04-04-2018 2/2 Heard learned A.P.P. also.
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 from the date of order, 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 the learned A.C.J.M. XI, Bhagalpur in connection with Pirpainty P.S.Case no.49 of 2017, subject to condition 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 bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T