Moinuddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46439 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -TARABARI District- ARRARIA ======================================================

1. Moinuddin, S/o Late Zahir,

2. Dilshad, S/o Moinuddin,

3. Azad, S/o Salauddin @ Salahuddin, All are resident of Village- Jhamta, P.S.- Tarabari, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 Heard the parties.

Petitioners seek bail in Tarabari P.S.Case No.71of 2017 / G.R.No.2797/18 registered for the offences under Sections 302/34 of the I.P.C.

Allegation as per the F.I.R. is that the police came to intercept the deceased who happened to be the husband of the informant, and while he was fleeing away the petitioners provoked the mob to assault him and thereafter mob assaulted him and in course of investigation on way to Sadar Hospital the deceased died.

Submission of the learned counsel for the petitioners is that at the instance of the police personnel, they have been

Patna High Court Cr.Misc. No.46439 of 2018 (3) dt.14-09-2018 2/2 implicated in this case. They are in custody for three months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M., Araria, in Tarabari P.S. Case No.71of 2017 subject to the conditions that (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioners will not induce any witness or tamper with the evidence and the petitioners shall co-operate in disposal of the trail and make themselves available as and when required by the court, otherwise, their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) AnilKrSinha/- U