Patna High CourtCR. MISC./158/2016bail granted

Domi Mian And ANR. v. The State Of Bihar

2016-01-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.158 of 2016 Arising Out of PS.Case No. -124 Year- 2014 Thana -SALKHUA District- SAHARSA ======================================================

1. Domi Mian son of Late Jainul Mian

2. Md. Zisan Alam @ Md. Zeeshan Siddique son of Najir Both are residents of village- Pahlam, P.S.- Salkhua, DistrictSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, Special APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Salkhua P.S. Case No.124 of 2014 registered under Sections 147, 148, 149, 341, 342, 323, 379, 427, 448, 354, 504 and 506 of the Indian Penal Code as well as Section 3(1)(x)(xi)(xv) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

It has been contended that co-accused Md. Abdul Quadir @ Abdul Quadir and Md. Sakir @ Md. Shakir having identical allegation to that of the petitioners have already been granted anticipatory bail vide order dated 02.11.2015 passed in Cr.Misc.

Patna High Court Cr.Misc. No.158 of 2016 (2) dt.11-01-2016 2/2 No.46218 of 2015 by a co-ordinate Bench of this Court. Learned counsel for the State does not dispute this aspect of the matter Regard being had to the reasons assigned in the aforesaid order dated 2.11.2015, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S. Kumar, learned Judicial Magistrate, 1st Class, Saharsa in connection with Salkhua P.S. Case No.124 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T