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Patna High CourtCR. MISC./48132/2018bail granted

Mir Rakib @ Md. Rakib And ANR v. The State Of Bihar

2018-08-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48132 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -NTPC District- BHAGALPUR ======================================================

1. Mir Rakib @ Md. Rakib son of Mir Manjoor @ Mir Manshur

2. Mir Reyaz @ Md. Reyaz @ Reyaz Khan son of Mir Rangishar Both residents of R.C. II Sikandarpur, Police Station - N.T.P.C., District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with N.T.P.C. Case No.14 of 2018 , registered for offences punishable under Sections 147, 149, 117, 447, 332, 333, 337, 338, 353, 427 and 379 of the Indian Penal Code.

Allegation against the petitioners and other co-accused persons is of damaging pipe and pelting stones. Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against these petitioners and no specific allegation has been attributed against them. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.48132 of 2018 (2) dt.21-08-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with N.T.P.C. Case No.14 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T