Patna High CourtCR. MISC./1230/2018partly allowed disposal

Md. Aslam And ORS v. The State Of Bihar

2018-01-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1230 of 2018 Arising Out of PS.Case No. -559 Year- 2017 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Md. Aslam son of Md. Safik

2. Md. Akram @ Md.Akram Nadaf @ Mistar, son of Md. Safik

3. Md. Harun @ Virna @ Md. Biran @ Birna, son of Md. Safik

4. Md. Sariyat Nadaf @ Sariyat, son of Md. Mosim @ Md. Mosim Nadaf

5. Md. Mahboob @ Tinka son of Md. Hasim

6. Md. Sanjoor @ Md. Sanjoor Nadaf @ Sanjoor, son of Late Md. Suleman, All resident of village- Birpur Tulsipur, P.S. Mofassil Rani Patra District- Purnea.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Nadimul Hasan, Advocate For the Opposite Party/s : Sri Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Sadar (Mufassil) P. S. Case No. 559 of 2017 registered under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

Regard being had to the nature of allegation made in the FIR against petitioner no.1 Md. Aslam and petitioner no. 6 Md. Sanjoor @ Md. Sanjoor Nadaf @ Sanjoor, I am not

Patna High Court Cr.Misc. No.1230 of 2018 (2) dt.19-01-2018 2/2 inclined to grant them pre-arrest bail. Accordingly, their application for grant of pre-arrest bail is rejected. So far as other petitioner nos. 2 to 5, namely, Md. Akram @ Md.Akram Nadaf @ Mistar, Md. Harun @ Virna @ Md. Biran @ Birna, Md. Sariyat Nadaf @ Sariyat and Md. Mahboob @ Tinka respectively are concerned, considering the fact that there is omnibus and general allegation against them that they caught hold the victim and it has been argued that they have got no criminal antecedent, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in Sadar (Mufassil) P. S. Case No.559 of 2017 , subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T