Md. Haidar Ali And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40251 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -SILAW District- NALANDA (BIHARSHARIFF) ======================================================
1. Md. Haidar Ali, son of Satish Sah @ Alim Sah,
2. Md. Jamal @ Md. Jamal @ Jamil Alam, Son of Md. Meraj,
3. Md. Imran Hasan Khan @ Sonu @ Md. Imran, Son of late Khatib Kha,
4. Meraj Khan @ Md. Meraj Khan, Son of Late Khatib,
5. Md. Soaib @ Soaib Alam, son of Late Manjoor Mian, All resident of Village- Haidarganj Karah, P.S.- Silao, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Silao P.S. Case No. 83 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 353, 337, 338, 436, 427 of the Indian Penal Code and Section 3(2)C of Damage of Public Property Act. It has been submitted on behalf of the petitioners that their names have been disclosed by Chowkidar as being members of the mob who had assembled after accident by Tractor in which two persons have become injured.
From the written report it appears that there is general and omnibus allegation against these petitioners. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.40251 of 2017 (2) dt.21-09-2017 2/2 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 Silao P.S. Case No. 83 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 Additional Chief Judicial Magistrate-IV, Nalanda, Biharsharif, 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/- T