Md. Javed Alam @ Md. Javed And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46890 of 2017 Arising Out of PS.Case No. -418 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Md. Javed Alam @ Md. Javed, Son of late Md. Moiuddin,

2. Md. Obesh Alam @ Obesh Alam, Son of Late Md. Moiuddin.

3. Md. Vicky, Son of Md. Kaishar Alam, All resident of MohallaMirganj near Vishnu Pictur Palace, P.S. Town, Distt.- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11.10.2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Begusarai Town P.S. Case No. 418 of 2017 instituted for the offence under Sections 341, 323, 384, 427, 354 and 34 of the Indian Penal Code.

It has been submitted that civil dispute is pending between the parties due to which the petitioner has been falsely implicated in this case. It has further been submitted that the occurrence is said to have taken place on 04.08.2017 whereas the First Information has been lodged on 08.08.2017 i.e. after delay of about three days.

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 six weeks from today, in connection with Begusarai Town P.S. Case No. 418 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each

Patna High Court Cr.Misc. No.46890 of 2017 (2) dt.11-10-2017 2/2 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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