Md. Mokim And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45097 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -PUPRI District- SITAMARHI ======================================================

1. Md. Mokim son of Late Pachkauri

2. Md. Kais son of Md. Ilyas

3. Md. Taiyab Rain son of Majid Rain All residents of Village- Singiyahi, P.S.- Pupri, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-12-2016 Heard.

Petitioner no. 1 is said to have already been arrested and accordingly, his prayer for anticipatory bail stands dismissed as having become infructuous.

So far as petitioner nos. 2 and 3 are concerned, they and several others are named in the F.I.R along with more than 300 unknown persons and it is alleged that they created hurdle in discharge of official duty of police officials and got released the apprehended co-accused from the custody of the police. Submission on behalf of the petitioners is that prior to registration of the present case as well as Pupri P.S.Case No.71 of 2016, which was lodged on the same day, petitioners were not

Patna High Court Cr.Misc. No.45097 of 2016 (2) dt.19-12-2016 2/2 made accused in any other case and, moreover, having more or less similar allegation several co-accused have already been admitted to anticipatory bail by different Benches of this Court. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner nos. 2 and 3, above named, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sitamarhi in Pupri Police Station Case no. 72 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.K/- U T