Patna High CourtCR. MISC./60703/2018bail granted

Md. Subhan @ Subhan Mian @ Md. Subhan Mian And ORS v. The State Of Bihar

2018-10-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60703 of 2018 Arising Out of PS.Case No. -98 Year- 2016 Thana -BANGAWON District- SAHARSA ======================================================

1. Md. Subhan @ Subhan Mian @ Md. Subhan Mian, S/o Late Ramkar Mian @ Late Hakkar Mian,

2. Md. Saddam S/o Md. Subhan @ Subhan Mian @ Md. Subhan Mia,

3. Md. Azad S/o Md. Subhan @ Subhan Mian @ Md. Subhan Mian, All Residents of Vill.- Naulakha, P.S.- Bangaon, District- Saharsa. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Pawan Kumar For the Opposite Party : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Bangaon P.S. Case No. 98 of 2016 registered for the offences punishable under Sections 457, 379 and 427/34 of the Indian Penal Code.

Petitioners are named in the first information report but Annexure-2 to this petition goes to show that after due investigation police submitted final form showing accusation untrue against the petitioners. However, the concerned court differed with the findings of the police and took cognizance against the petitioners.

Patna High Court Cr.Misc. No.60703 of 2018 (2) dt.08-10-2018 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saharsa in Bangaon P.S. Case No. 98 of 2016 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/AbhijeetU T