Mehruddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44912 of 2018 Arising Out of PS.Case No. -125 Year- 2016 Thana -KASBA District- PURNIA ======================================================

1. Mehruddin, S/o Late Makbul,

2. Imtiyaj @ Imtiaz S/o Mehruddin,

3. Md. Ishtiyak S/o Mehruddin, All R/o Vill.- Gurhi Baghi, Rahika Tola P.S.- Kasba , District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2018 Heard the parties.

The petitioners seek regular bail in connection with Kasba P.S.Case No.125 of 2016 registered for offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioners and other accused persons is of assault to the deceased causing his death. Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioners and others and they are in custody for about five months and other accused persons, against whom also there is similar allegation, have been granted privilege of bail by this Court, vide order dated 28.3.2017 passed in Cr. Misc. No.13018 of 2017.

Patna High Court Cr.Misc. No.44912 of 2018 (5) dt.18-09-2018 2/2 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of CJM, Purnea in connection with Kasba P.S.Case no.125 of 2016.

With following conditions :

(i) One of the bailors of the petitioners shall 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.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T