Patna High CourtCR. MISC./50852/2017bail granted

Enullah Khan And ORS v. The State Of Bihar

2017-11-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50852 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Enullah Khan son of Ibrahim Khan,

2. Shahrukh Khan son of Enullah Khan,

3. Raja Khan son of Dhamu Khan, All residents of Village- Bheriharwa, P.S.- Kangali, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Kangali P.S.Case No. 26 of 2017 registered under Sections 147, 148, 149, 341, 323, 379 and 353 of the Indian Penal Code. It is contended by the learned counsel for the petitioners that the implication of the petitioners is a glaring example of arbitrariness by the police. The petitioners are neither named in the FIR nor is there any tangible material against them. However, an FIR was registered against 200-300 unknown persons and the police are victimizing innocent persons in the case maliciously. It is further contended that the provisions of Sections

Patna High Court Cr.Misc. No.50852 of 2017 (2) dt.09-11-2017 2/2 379 and 353 of the Indian Penal Code are not applicable in this case so far as the petitioners are concerned whose involvement in the alleged occurrence is not found.

Learned counsel for the State has opposed the prayer for grant of pre-arrest bail of the petitioners. Regard being had to the nature of allegation and the alleged involvement of large number of persons, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bettiah, West Champaran in connection with Kangali P.S.Case No. 26 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T