Md. Masum @ Md. Masum Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54619 of 2021 Arising Out of PS. Case No.-182 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== 1.
Md. Masum @ Md. Masum Alam S/o Md. Mansoor Alam @ Mansoor R/o villare- Akhata East Ward No. 7, P.S.- Suppi, District- Sitamarhi 2.
Md. Faruque @ Fadur S/o Shekh Iliyas R/o villare- Akhata East Ward No. 7, P.S.- Suppi, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-02-2022 Heard both the parties.
The petitioners seek bail in anticipation of their arrest in connection with Suppi P.S. Case No.182 of 2020 instituted for the offences under Sections 447, 341, 342, 323, 324, 307, 325, 354, 427, 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that all the member of the family have been made an accused by the informant. There is no specific allegation against the petitioner no.1, while the petitioner no.2, there is allegation of having torn the cloths worn by the informant. Learned counsel submits that it is a case of over implication.
I have considered the submission.
Patna High Court CR. MISC. No.54619 of 2021(2) dt.23-02-2022 2/3 Taking into consideration, I am inclined to grant anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject to conditions as laid down under section 438 (2) of the Cr.P.C., which are as under:-
1. The applicants, namely, 1. Md. Masum @ Md. Masum Alam 2. Md. Faruque @ Fadur shall furnish personal bond with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer.
2. The applicant shall cooperate with the investigation and make himself available for interrogation whenever required.
3. The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer,
4. The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
5. The applicant shall not leave the territory of Sitamarhi without prior permission of the court, till trial is over;
6. The applicant shall maintain law and order;
7. The applicant shall, at the time of execution of the
Patna High Court CR. MISC. No.54619 of 2021(2) dt.23-02-2022 3/3 bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;
8. The applicant shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;
9. The applicant shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.
(Sanjeev Prakash Sharma, J) amit/- U T