Abdul Gafur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2576 of 2021 Arising Out of PS. Case No.-85 Year-2017 Thana- NARPATGANJ District- Araria ====================================================== 1.

ABDUL GAFUR, S/O GULAT MIYA 2.

BECHAN MIYA, S/O NURU MIYA 3.

MD. ISRAIL MIYA @ ISRIL, S/O BECHAN MIYA 4.

YAKUB MIYA, S/O YASIN MIYA 5.

MD. SADRUL @ SADRUL, S/O ABDUL MAJID 6.

SAJIR MIYA @ SAJIR, SON OF ABDUL MAJID 7.

SAMSUL MIYA, SON OF SAFID MIYA 8.

MD. AJAZ @ MD. AZIZ, SON OF MD. HUSSAIN All are RESIDENTS OF VILLAGE - NATHPUR, P.S. - NARPATGANJ, DISTRICT - ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 332, 333, 353, 427, 452, 379, 224, 225, 337, 338, 504 and 506 of the Indian Penal Code. The FIR would reveal that eighty persons named

Patna High Court CR. MISC. No.2576 of 2021(2) dt.15-11-2021 2/3 accused and two-hundred unknown bear general and omnibus allegation of commission of murderous assault, theft etc. Submission is that similarly situated some other coaccused have already been allowed anticipatory bail by a Coordinate Bench of this Court vide order dated 16.07.2018 passed in Cr. Misc. No. 17129 of 2018.

Considering general and vague allegation against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Narpatganj Police Station Case No. 85 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioners shall not leave the country without

Patna High Court CR. MISC. No.2576 of 2021(2) dt.15-11-2021 3/3 permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T