Makshud Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38829 of 2014 Arising Out of PS.Case No. -230 Year- 2013 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Makshud Alam Son of Late Halim

2. Mohammad Mansoor @ Md. Mansoor Alam Son of Mahmood Alam, Both are resident of Village-Shembhopatti, P.S. Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar No.-1 For the Opposite Party/s : Mr. Reena Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 147, 148, 149, 323, 324 and 307 of the I.P.C. At the very out set it has been submitted that in this case though the petitioners are named in the FIR along with other co-accused but after completing investigation finding the allegation false against these two petitioners they were not sent up for trial and there being case and counter case and as such the petitioners deserve sympathetic consideration, to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer of pre-arrest bail by submitting that the

Patna High Court Cr.Misc. No.38829 of 2014 (2) dt.01-04-2015 2/2 learned court below after differing with the view of the investigating officer has taken cognizance against the petitioners also and further in this case prayer for pre-arrest bail of other coaccused, namely, Izhad Alam and Md. Jamil have already been rejected by another Bench of this Court.

Considering that against the petitioners after completing investigation the allegations have not been found true and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order 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. Sri Anand Abhishek, J.M. Ist Class, Vaishali at Hajipur in Mahua P.S. Case No. 230 of 2013/ G.R. No. 3010 of 2013/ Tr. No. 7356 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T