Md. Ziaul And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5962 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -LADANIA District- MADHUBANI ======================================================

1. Md. Ziaul S/o Md. Waris

2. Md. Yusuf S/o Md. Aziz

3. Md. Rajaul S/o Md. Tafazul

4. Md. Neyaz S/o Md. Yunus All resident of Village- Lalu tola Islampur, P.s Ladaniya, District Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioners : Mr. Kanhaiya Pd. Singh, Senior Advocate Mr. Birendra Kumar Singh, Advocate For the Opposite Party : Mr. Dr.M.K.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-02-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ladaniya Police Station Case No. 131 of 2015, disclosing offences under Sections 323, 341, 448, 452, 504, 302/34 of the Indian Penal Code.

Learned Counsel for the petitioners submits that the allegation of assault is against co-accused Sahabuddin and there is no allegation against these petitioners in the First Information Report that they assaulted the deceased with any weapon or they had gathered at the place of occurrence with any intention to kill the deceased. Upon perusal of the First Information Report, I

Patna High Court Cr.Misc. No.5962 of 2016 (2) dt.23-02-2016 2/2 find substance in the submission advanced by Mr. Singh, learned Senior Counsel.

Considering the above, this application is allowed.

Let the petitioners, namely, Md. Ziaul, Md.

Yusuf, Md. Rajaul and Md. Neyaz, in the event of their arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Madhubani, in connection with Ladaniya Police Station Case No. 131 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the same may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √