Patna High CourtCR. MISC./18215/2018bail granted

Sahabuddin And ORS v. The State Of Bihar

2018-05-04Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.18215 of 2018 (3) dt.04-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18215 of 2018 Arising Out of PS.Case No. -250 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Sahabuddin S/o Late Gyasuddin.

2. Sahid @ Md. Sahed S/o late Gyasuddin.

3. Sarfaraqz @ San Faraz Son Sahabuddin Ali Resident of Mashadpur (Charangi Hat), P.S. Baisi, District-Purnea .... Petitioners

Versus

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

For the Petitioners : Mr. Kumari Ritambhara, Advocate For the State : Mr. Parmeshwar Mehta, APP For the informant ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-05-2018 Heard learned counsel for the petitioners, the State and the informant.

Petitioners are accused in a case registered for offence under sections 147, 148, 149, 341, 323,324, 307, 379, 427 and 302 IPC and section 27 of the Arms Act.

Petitioners are having no criminal antecedent prior to the lodging of the instant case and it is submitted on their behalf that they are not alleged to have assaulted the deceased Ansar. Even the firing attributed to petitioner no.2 (Sahid @ Md. Sahed) has not been corroborated in the investigation. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to existing land dispute and the petitioners are in custody since 18.12.2017.

Learned counsel for the informant opposes the prayer for

Patna High Court Cr.Misc. No.18215 of 2018 (3) dt.04-05-2018 bail.

Considering the aforesaid submissions, prayer for bail of the petitioners is allowed. Let all the three petitioners, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Baisi Police Station Case No. 250 of 2017 on the following conditions:- One of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners and The Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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