Md. Hazi Anshari @ Hazi Miya Anshari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32117 of 2016 Arising Out of PS.Case No. -75 Year- 2015 Thana -MUZFFARPUR GRP CASE DistrictMUZAFFARPUR ======================================================

1. MD. HAZI ANSHARI @ HAZI MIYA ANSHARI,

2. Rameshi Sah alias Ramesh Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Anand For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2016 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 17.3.2016 in a case registered for the offences punishable under Sections 328,307,379 and 411/34 of the Indian Penal Code and sections 8 and 22 of the NDPS Act.

The prosecution case is that the informant got down from Bihar Sampark Kranti Express on 7.12.2015 at 8 P.M. and due to non-availability of vehicle he stayed at the platform of Muzaffarpur railway station when four persons approached him and gave tea with some intoxicant. Subsequently, when the informant regained consciousness he found himself in Muzaffarpur Sadar hospital. The

Patna High Court Cr.Misc. No.32117 of 2016 (2) dt.01-08-2016 2/3 apprehended accused disclosed his name as Prabhu Sah who also disclosed the names of the petitioners as his associates. It is submitted by the learned counsel for the petitioners that there is no recovery from the petitioners though from the apprehended accused 21 sleeping pills and some robbed articles were recovered. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. It is further submitted that the investigation has already concluded.

Considering the fact that the recovery has not been made from the petitioners and investigation has already concluded coupled with the fact that statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, Muzaffarpur in connection with Muzaffarpur Rail P.S. Case No. 75 of 2015.

The learned court below shall be at liberty to cancel the bail bonds of the petitioners in case the petitioners get involved in some serious offence or defaults without any

Patna High Court Cr.Misc. No.32117 of 2016 (2) dt.01-08-2016 3/3 reasonable cause on three consecutive occasions. (Dinesh Kumar Singh, J) Anil/- U T