Sami Ahmad @ Phool Babu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27253 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ======================================================
1. Sami Ahmad @ Phool Babu, son of Abdul Kayam
2. Md. Nausad, son of Habibur Rahman,
3. Preetam Sharma, son of Rabindra Sharma
4. Md. Irshad @ Kaish, son of Habibur Rahman All resident of villageMehsaul Got, P.S. Mehsaul O.P. Sitamarhi, District- Sitamarhi.
5. Sonu Khan, son of Late Chand Khan Resident of village- Mehsaul Chowk, P.S. Mehsaul O.P. Sitamarhi, District- Sitamarhi.
6. Md. Sah Nawaj, son of Md. Serajuddin,
7. Md. Irshad @ Irsad Pravej, son of Islam Pravej
8. Md. Dilshad @ Md. Dilsad Pravej, son of Islam Pravej
9. Gulshan Khatoon, wife of Md. Kadir
10. Hazra Khatoon, wife of Md. Haidar
11. Rubada Khatoon, wife of Mustafa Rain
12. Md. Kapil @ Md. Kaphil, son of Kalam
13. Md. Asraf, son of Hadis
14. Md. Aseef @ Md. Hasif, son of Md. Rafique
15. Afroz, son of Islam
16. Md. Kadir @ Md. Kadir Raine, son of Imam Hasan, All resident of village- Mehsaul Got, P.S. Mehsaul O.P. Sitamarhi, District- Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s Appearance :
For the petitioners : Mr. Ashok Kumar Singh, Advocate Mr. Pushpendra Kumar Singh, Advocate For the State : Mr. Rana Randhir Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2016 A supplementary affidavit has been filed on behalf of the petitioners and the same may be kept on record. Learned counsel for the petitioners seeks permission to withdraw the case on behalf of petitioner nos. 8, 12, 14 and 15, same is dismissed as withdrawn.
Heard learned counsel for the petitioner nos. 1 to 7, 9 to 11, 13 and 16 and the State.
Patna High Court Cr.Misc. No.27253 of 2016 (2) dt.13-07-2016 2/2 The petitioners are apprehending their arrest in a case instituted under Sections 147, 148, 149, 323, 324, 325, 307, 353, 354, 393, 427, 364 and 365 of the Indian Penal Code. Allegation against the petitioners is that they along with other unknown accused persons with variously armed came at the police station, damaged the furnitures and documents and abducted the informant and later on he was recovered. It is submitted on behalf of the petitioners that for the same occurrence four cases are said to have been instituted. In other cases some of the petitioners have already been granted anticipatory bail. No specific allegation has been made against the petitioners. General and omnibus allegation has been made. Altogether 41 persons have been named in the F.I.R. On behalf of the State, it is submitted that petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioner nos. 1 to 7, 9 to 11, 13 and 16, in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate (Railway), Ist Class, Samastipur, in connection with Rail P.S. Darbhanga (SMI) Case no. 24 of 2016 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T