Javed Ali @ Javed Miya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12853 of 2018 Arising Out of PS. Case No.-266 Year-2017 Thana- DURGAWATI District- Bhabhua (Kaimur) ======================================================

1. Javed Ali @ Javed Miya, son of Jabir Ali,

2. Chandan Giri, Son of Ramashankar Giri.

3. Vakil Miya, Son of Asarat Ansari, All resident of VillageDurgawati, P.S.- Durgawati, District- Kaimur (Bhabhua).

4. Manish Ram, Son of Shakal Ram, Resident of Darauli, P.S.- Durgawati, District- Kaimur (Bhabhua).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumeet Kumar Singh For the Opposite Party/s :

Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Durgawati P.S. Case No. 266 of 2017 instituted for the offence under Sections 341,323,427,307,379,504,34 of the IPC.

Counsel for the petitioners has submitted that petitioner no. 2,3 and 4 have no criminal antecedents. The petitioner no. 1 have one criminal antecedent in which he is on bail. There is allegation against all the petitioners of assaulting the informant. Learned Sessions Judge in the impugned order, has mentioned, that the injuries found on the person of injured is simple in nature.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.12853 of 2018(2) dt.09-03-2018 2/2 allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Durgawati P.S. Case No. 266 of 2017 to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua, subject to condition as laid down u/S 438

(2) of the Cr. P.C. with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers 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) khushbu/- U T