Subhan Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4237 of 2017 Arising Out of PS.Case No. -76 Year- 2015 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Subhan Mian, Son of Late Ijhar Mian, Resident of Village-Sukhi Semra, Police Station- Palanwa, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard the learned counsel for the petitioner. The petitioner is apprehending his arrest in connection with Palanwa P.S. Case No. 76 of 2015 registered for the offences under Sections 341, 324, 307 and other allied Sections of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is a case and counter-case and the person from the petitioner side has been killed in the occurrence for which the petitioner has lodged a case against the informant and others. So far the present case is concerned, there is general and omnibus allegation and the specific allegation is against co-accused Mujibullah Mian who had assaulted the informant by farsa and the other accused persons having similar allegation have been granted bail by this Court vide order dated 8.8.2016 passed in Cr. Misc. No. 31143 of 2016. Heard the learned the learned APP also.

Having heard both sides and considering the fact that there is general and omnibus allegation against the petitioner and

Patna High Court Cr.Misc. No.4237 of 2017 (2) dt.09-02-2017 2/2 secondly the petitioner lodged a case against the informant and others under section 302 and other allied sections of the Indian Penal Code and other accused persons have been granted anticipatory bail, let the petitioner, named above, in the event of his arrest or surrender in 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. 25,000/- each with two sureties of the like amount to the satisfaction of Judicial Magistrate, 1st Class, Raxaul at Motihari, East Champaran in connection with Palanwa P.S. Case No. 76 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the further conditions that the petitioners shall co-operate in the trial and make himself available before the court as and when required and in the event of failure on their part to appear before the court on two consecutive date, without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) BTiwary/- U T