Minhaz Hasmi @ Minhaz Asmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28336 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- SIKARHATTA DistrictBhojpur ====================================================== 1.

MINHAZ HASMI @ MINHAZ ASMI Son of Sagir Hasmi @ Md. Sagir Ahmad Resident of Village - Sikrahta Kala, P.S.- Sikarhatta, Dist.- Bhojpur. 2.

Imran Hasmi Son of Sagir Hasmi @ Md. Sagir Ahmad Resident of Village - Sikrahta Kala, P.S.- Sikarhatta, Dist.- Bhojpur. 3.

Shakti Hasmi Son of Sagir Hasmi @ Md. Sagir Ahmad Resident of Village - Sikrahta Kala, P.S.- Sikarhatta, Dist.- Bhojpur. 4.

Sarfraz Alam Son of Karamat Hussain Resident of Village - Sikrahta Kala, P.S.- Sikarhatta, Dist.- Bhojpur.

5.

Md. Shamshad Alam Son of Karamat Hussain, Resident of Village - Sikrahta Kala, P.S.- Sikarhatta, Dist.- Bhojpur. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Ashok Kumar Sinha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 447, 341, 323, 504, 308, 379/34 of the Indian Penal Code registered in connection with Sikarhatta P.S. Case No. 08 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute and there is case and counter case between the parties. Injuries are simple in nature. The accusations are general and omnibus and no specific assault attributed to the petitioners. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.28336 of 2019(2) dt.01-05-2019 2/2

4. Be that as it may, in the event of the petitioners' arrest or 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 Sub-Divisional Judicial Magistrate, Bhojpur, Ara in connection with Sikarhatta P.S. Case No. 08 of 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 of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall cooperate 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) That 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) Ibrar//- U T