Sukha @ Safatulla And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52782 of 2018 Arising Out of PS. Case No.-54 Year-2017 Thana- POTHIYA District- Kishanganj ======================================================
1. Sukha @ Safatulla, Late Md. Kasimuddin,
2. Jiyaul Haque S/o Ijabul Haque, Both R/o Vill.- Fulhara, P.S.- Pothiya, District- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amal Kumar Sinha For the Opposite Party/s :
Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 379, 414/34 of the Indian Penal Code and Sections 25(1-B)(a), 26, 35 of the Arms Act. Allegation is that 28 bundles of aluminum wire is recovered.
It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioners has transpired in the present case on the disclosure of co-accused Subhash Yadav and Mithun Yadav. No incriminating article has been recovered from the possession of the petitioners. Other co-accused has been
Patna High Court Cr.Misc. No.52782 of 2018(2) dt.20-09-2018 2/2 granted anticipatory bail vide Annexure 2 to the present application.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Pothiya P.S. case No.54 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T