Ahtamasul Haque @ Atsamul Haq @ Ahteshamul Haque And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.39385 of 2016 (3) dt.06-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39385 of 2016 Arising Out of PS.Case No. -197 Year- 2016 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Ahtamasul Haque @ Atsamul Haq @ Ahteshamul Haque son of Syed Phool Babu, resident of Rain Mohalla, Mehsoul, P.S.- Sitamarhi, District - Sitamarhi

2. Md. Nazaruddin @ Md. Nazruddin Son of Abdul Rahman Resident of village - Mehsoul Gote, Ward No. P.S.- Sitamarhi, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with Sitamarhi P.S. Case No. 197 of 2016 for the offences registered under Sections 147, 148, 149, 341, 342, 323, 324, 307, 364, 353, 337 and 504 of the Indian Penal Code.

Diary of the present case was called for, which has since been received.

Learned counsel for the petitioner submits that though the petitioners have been named in the first information report, at best, the petitioners can be treated as member of the crowd. There is no specific allegation

Patna High Court Cr.Misc. No.39385 of 2016 (3) dt.06-10-2016 against these petitioners. Furthermore, in the said case, other accused persons have been extended the privilege of anticipatory bail passed in Cr. Misc. No. 31559 of 2016, Cr. Misc. No. 35906 of 2016, Cr. Misc. No. 37263 of 2016 and 41023 of 2016 vide order dated 11.08.2016, 06.09.2016, 21.09.2016 and 28.09.2016 respectively. In view of the aforesaid facts and circumstances of the case and that the petitioners' name figured at Serial Nos.

16 and 38 and also the fact that similarly situated coaccused persons have been granted anticipatory bail by this Court, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 197 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T