Md. Nadir And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65184 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- ALAMGANJ District- Patna ======================================================

1. Md. Nadir son of Md. Reyaz Ahmad, resident of village Astipur, P.S. Hajipur Sadar, District Vaishali

2. Bakru Mian @ Motiur Rahman son of Moziur Rahmand, resident of village Astipur Dhauspura Izra, Police Station Hajipur Sadar, District Vaishali ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Surendra Kishore Thakur, Advocate For the State :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Counsel for the petitioners is permitted to make necessary correction in paragraph 1 to the present application in course of the day.

Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 307/34 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that the brother of the informant, namely, Sanjay Rai has been shot by the accused persons and his treatment was going on in the Hospital. Later on the brother of the informant died.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.65184 of 2018(2) dt.29-10-2018 2/2 there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsey been implicated in the present case due to previous enmity. There is no eye witness to the alleged occurrence nor there is any other substantive evidence to suggest the implication of the petitioners in the present case.

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 Additional Chief Judicial Magistrate, Patna City in connection with Alamganj P.S. case No.65 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T