Patna High CourtCR. MISC./22830/2017bail granted

Md. Shoeb @ Salim And ORS v. The State Of Bihar

2017-06-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22830 of 2017 Arising Out of PS.Case No. -260 Year- 2016 Thana -PALASI District- ARRARIA ======================================================

1. Md. Shoeb @ Salim , Son of Late Wazbul,

2. Md. Tabrej, Son of Late Wazbul,

3. Md. Anwarul @ Anwarul Haque, Son of Late Wazbul,

4. Md. Zahir @ Md. Zahiruddin, Son of Late Wazbul,

5. Md. Martuz @ Md. Martoz @ Murtza, son of Nazbul,

6. Md. Margoob, Son of Md. Zahiruddin @ Md. Zahir, All Resident of Village- Sukhssina, P.S.- Palasi, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Sri Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-06-2017 Learned counsel for the petitioners seeks permission to withdraw this application as against petitioners no. 1 and 6. Permission is accorded.

Accordingly, this application is dismissed as withdrawn as against petitioners no. 1 and 6. Heard learned counsel for the petitioners no. 2 to 5 and the State.

Petitioners are apprehending their arrest in a case for the offences registered under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code.

It has been contended on behalf of the petitioners that

Patna High Court Cr.Misc. No.22830 of 2017 (2) dt.06-06-2017 2/2 they have falsely been implicated in the present case due to previous enmity. The occurrence took place on 16.12.2016 but the FIR has been lodged on 24. 12. 2016. As such, there is eight days delay in lodging the F.IR. In this regard no explanation has been given from the side of the prosecution.

Considering the facts and circumstances of the present case, let petitioners no. 2 to 5, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 the learned ACJM-III, Araria, in Palasi P.S. Case no. 260 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) sudip/- U T