Md. Ekram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30829 of 2019 Arising Out of PS. Case No.-5 Year-2016 Thana- FORBESGANJ District- Araria ====================================================== 1.

MD. EKRAM Son of Md. Kadir Resident of village- Rampur Dakshin, Police Station- Forbesganj, District- Araria. 2.

Md. Ekram Son of Md. Samsul Haji Resident of village- Rampur Dakshin, Police Station- Forbesganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 332, 353, 427,504, 506 IPC registered in connection with Forbesganj P.S. Case No. 05 of 2016.

3. It is submitted that the petitioners have been falsely implicated and the FIR is against as many as 3 named and 20-25 unknown persons. The petitioners merely happened to be in the vicinity and the accusations are general and omnibus in nature without any specific overt act attributed to the petitioners. Similarly situated co-accused Md. Jawed @ Md. Jabed has been granted anticipatory bail by this Court in Cr. Misc. No. 24495 of 2019. The petitioners claim clean antecedents.

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

Patna High Court CR. MISC. No.30829 of 2019(2) dt.14-05-2019 2/2 learned CJM, Araria, in connection with Forbesganj P.S. Case No. 05 of 2016, 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 shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate 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. 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) Chandran/- U T