Patna High CourtCR. MISC./27605/2016bail granted

Md.Tawarak @ Tawarak And ANR v. The State Of Bihar

2016-08-20Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.27605 of 2016 (2) dt.20-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27605 of 2016 Arising Out of PS.Case No. -89 Year- 2010 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md.tawarak @ Tawarak, Son of Mahmud

2. Chikwa, Son of Md. Tawarak @ Tawarak Both Resident of VillageBagmara, P.S.- Jokihat, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarangdhar Jha For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and learned A.P.P. appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Jokihat P.S. Case No.89 of 2010 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 307, 427, 448 and 324 of the Indian Penal Code.

Learned counsel for the petitioners submits that the allegations against these petitioners are false and omnibus in nature. Earlier, the accusation against the petitioners had been found to be false and final form was submitted but differing with the same, cognizance has now been taken against the present petitioners.

Learned counsel for the petitioners further submits that

Patna High Court Cr.Misc. No.27605 of 2016 (2) dt.20-08-2016 other co-accused persons have been extended the privilege of anticipatory bail in Cr. Misc. No.8428 of 2013 vide order dated 08.04.2013 passed by a Bench of this Court. Earlier, the petitioners were not aware that the cognizance has been taken against them after submitting final form, as they were living in other State for their livelihood.

In the aforesaid facts and circumstances and the fact that the petitioners are not having criminal antecedents, let the petitioners, in the event of their arrest or surrender in the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No.89 of 2010, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) V.P.Sinha/- U