Sakir Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54351 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -RAUTA District- PURNIA ====================================================== 1.

Sakir Alam, son of Abdul Gaffur 2.

Rahamtulla, son of Abdul Gaffar 3.

Rahman, son of Abdul Gaffar All are resident of Pandavpur, P.S. Routa, Distt. Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate. For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Routa P.S. Case No. 21 of 2017 instituted for the offence under Sections 147, 148, 323, 307, 452, 436, 379, 504, 506 and 302 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that they are not named in the First Information Report. They have clean antecedent. Their name has come during investigation. It is alleged that co-accused persons named in the written report armed with Dabia, Farsa, sword, lathi etc. came at the house of Bhagina of informant and started damaging his house. On protest, the accused persons assaulted Md. Abujar, Md.

Patna High Court Cr.Misc. No.54351 of 2017 (2) dt.10-11-2017 2/3 Tosib Alam, Md. Mehraj and when Md. Sakib Jafar @ Lalbabu went to save them, he was also assaulted by the accused persons. They also took away cash, jewellery, parts of Honda Pump Set etc. and set the house on fire. In this manner, there is no allegation of specific overt act against the petitioners in the First Information Report. They are not named in the First Information Report. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Rauta P.S. Case No. 21 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Purnea, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.54351 of 2017 (2) dt.10-11-2017 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T