Md. Ayub And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52442 of 2017 Arising Out of PS.Case No. -161 Year- 2017 Thana -PALASI District- ARRARIA ======================================================
1. Md. Ayub, son of late Dad Ali,
2. Md. Shakir, s/o Md. Ayub,
3. Abu Kalam @ Abul Kalam, s/o Md. Ayub,
4. Md. Imran, son of Qaiyum,
5. Md. Nazbul, s/o late Nabdar Ali,
6. Md. Azim, son of Md. Nazbul,
7. Mohammad, son of late Shababuddin, all r/o village- Dighi, P.S.- Palalsi, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-11-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Palasi P.S. Case No.161 of 2017 instituted for the offence under Section(s) 341, 323, 325, 307, 379, 506 Indian Penal Code. It has been submitted that there is case and counter case between the parties. Informant and his family members have brutally assaulted some of the petitioners for which Palasi P.S. Case No.162 of 2017 was lodged by the petitioner no.1 against the Informant and others.
In the instant case, there is specific allegation against Md. Tarique of assaulting husband of the Informant with
Patna High Court Cr.Misc. No.52442 of 2017 (2) dt.09-11-2017 2/2 Farsa on his head. In the written report, there is general and omnibus allegation against the petitioners.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Palasi P.S. Case No.161 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Araria, 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) JA/- U T