Siraj Ahmed @ Siraj Ahmad @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30107 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- BARHARIA District- Siwan ====================================================== 1.
SIRAJ AHMED @ SIRAJ AHMAD @ SONU Son of Hassan Imam Resident of Village- Chhaka Tola, P.S- Barharia, District- Siwan. 2.
Sahzan @ Sahzan Imam @ Belal, Son of Hassan Imam Resident of VillageChhaka Tola, P.S-Barharia, District-Siwan. 3.
Danis Imam Son of Hassan Imam Resident of Village-Chhaka Tola, P.SBarharia, District-Siwan. 4.
Amir Ali @ Zamu @ Jummu, Son of Reyaj Ahmad Resident of VillageChhaka Tola, P.S- Barharia, District-Siwan. 5.
Safi Ahmed @ Chunna Son of Semmiullah Resident of Village-Chhaka Tola, P.S-Barharia, District-Siwan.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Jha For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-05-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148,149, 307,504, 506 IPC and Section 27 of the Arms Act registered in connection with Barharia P.S. Case No. 67/2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of admittedpolitical rivalry. The thrust of accusation of firing is on co-accused Sufian Ahmed and not against the present petitioners. There is no injury report on record to support the prosecution story.
4. Learned APP assisted by learned counsel for the informant appearing suo motu opposes the anticipatory bail petition.
5. Be that as it may, in the event of the petitioners arrest or
Patna High Court CR. MISC. No.30107 of 2019(2) dt.10-05-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Siwan, in connection with Barharia P.S. Case No. 67/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T