Md. Izharul Haque And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31132 of 2015 Arising Out of PS.Case No. -326 Year- 2014 Thana -BAHERA District- DARBHANGA ======================================================

1. Md. Izharul Haque

2. Md. Asrarul Haque

3. Md. Ehsanul Haque All sons of Late Md. Anwarul Haque

4. Md. Jawaid @ Jawed Alam

5. Md. Khurshid @ Md. Khurdhid @ Khushid Alam Both sons of Md. Izharul Haque

6. Md. Rumi S/o Md. Ehsanul Haque All resident of village - Sri Rampur, P.S. Bahera, Distt. - Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. B.P. Pandey, Sr. Advocate For the Opposite Party/s : Mr. Madhusudan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-08-2015 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the informant. The petitioners apprehend their arrest in connection with Bahera P.S. Case No.326 of 2014 registered under Sections 307 and other sections of the Indian Penal Code. It is alleged that while the informant was coming after collecting the Admit Cards etc, the accused persons surrounded and attacked on him. In the FIR, there is specific allegation of attack against petitioners no. 1 and 2, namely, Md. Izharul Haque and Md. Asrarul Haque, whereas allegation against the petitioners no.4 and 5 is that they snatched Rs.5000/- from the informant while he was coming on bi-cycle. So far as petitions no.3 and 6 are concerned, no specific role has been attributed against them.

Considering the afore-mentioned facts, I am not

Patna High Court Cr.Misc. No.31132 of 2015 (2) dt.13-08-2015 2/2 inclined to grant anticipatory bail to the above-named petitioner's no.1 and 2, namely, Md. Izharul Haque and Md. Asrarul Haque and accordingly, their prayer for grant of anticipatory is rejected. Considering the afore-mentioned submissions and the fact that there is no specific allegation against the petitioners no.3, 4, 5 and 6, let the petitioners, Md. Ehsanul Haqaue, Md. Jawaid @ Jawed Alam, Md. Khurshid @ Md. Khurdhid @ Khurshid Alam and Md. Rumi, in the event of their arrest/surrender in the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in connection with Bahera P.S. Case No.326 of 2014, subject to condition laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) ahk/- U T