Md. Sahid And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24691 of 2018 Arising Out of PS.Case No. -198 Year- 2017 Thana -PALASI District- ARRARIA ======================================================

1. Md. Sahid

2. Md. Mujahid

3. Md. Waris Sl. Nos. 1, 2 and 3 are Sons of Md. Rasul

4. Md. Rasul, Son of Late Md. Saidulla All are residents of Village - Budhi Kashiwadi, P.S. Palasi, District Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate. For the Opposite Party/s : Mr. Sri S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Palasi P.S. Case No. 198 of 2017 corresponding to G.R. No. 2561 of 2017 instituted for the offence under Sections 341, 323, 354(B), 379 and 504/34 of the Indian Penal Code.

It has been submitted that petitioners have clean antecedent. It has further been submitted that occurrence has taken place on 8.7.2017 and First Information Report has been lodged on 27.07.2017 i.e. after delay of 19 days. The petitioners' side has also filed Complaint Case No.1565 of 2017 and thereafter the instant case has been filed by the informant.

In the written report there is general and omnibus

Patna High Court Cr.Misc. No.24691 of 2018 (3) dt.09-05-2018 2/2 allegation against the petitioners.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Palasi P.S. Case No. 198 of 2017 corresponding to G.R. No. 2561 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and

(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T