Patna High CourtCR. MISC./40418/2019bail granted

Md. Safaruddin v. The State Of Bihar

2019-08-28Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40418 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

MD. SAFARUDDIN Son of Late Hakko Resident of Village- Janki Prasad Lane, Mundichak, Dhobiya Tola, P.S.- Tilkamanjhi, Distt- Bhagalpur. 2.

Md. Kasim Son of Safaruddin Resident of Village- Janki Prasad Lane, Mundichak, Dhobiya Tola, P.S.- Tilkamanjhi, Distt- Bhagalpur. 3.

Md. Munna @ Minu Son of Safaruddin Resident of Village- Janki Prasad Lane, Mundichak, Dhobiya Tola, P.S.- Tilkamanjhi, Distt- Bhagalpur. 4.

Md. Sanu Son of Safaruddin Resident of Village- Janki Prasad Lane, Mundichak, Dhobiya Tola, P.S.- Tilkamanjhi, Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 448, 307, 504/34 of the Indian Penal Code registered in connection with Kotwali (Tilkamanjhi) P.S. Case No. 82/2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of quarrel between children of the parties. There is case and counter case in which both sides have received injuries. In any event the injuries are simple in nature. The petitioners claim clean antecedents.

4. Learned APP has not pointed out any objective material from the case diary against the petitioners.

5. Be that as it may, in the event of the petitioners' arrest or

Patna High Court CR. MISC. No.40418 of 2019(3) dt.28-08-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Bhagalpur, in connection with Kotwali (Tilkamanjhi) P.S. Case No. 82/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T