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Patna High CourtCR. MISC./27320/2017bail granted

Md. Rajjak And ORS v. The State Of Bihar

2017-12-13Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27320 of 2017 Arising Out of PS.Case No. -18 Year- 2012 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Md. Rajjak, Son of Late Md. Kismat.

2. Md. Arjul @ Aarjul, Son of Late Md. Salamat.

3. Md. Naushad, Son of Late Md. Salamat.

4. Md. Nashim Javed, Son of Md. Rajjak.

5. Wasim Javed, Son of Md. Rajjak.

6. Md. Samiruddin @ Samiruddin, son of Late Md. Kismat All are residents of Village-Wela Tedha, P.S.- Kishanpur, District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr.Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Umeshlal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioner Nos.2, 4, 5 and 6, namely, Md. Arjul @ Aarjul, Md. Nashim Javed, Wasim Javed, Md. Samiruddin @ Samiruddin, respectively, are apprehending their arrest in connection with Kishanpur P.S. Case No.18 of 2012 for allegedly having committed the offences under Sections 147, 149, 341, 342, 323, 224, 225, 332, 504, 353 and 393 of the Indian Penal Code.

Mr. Yogesh Chandra Verma, learned Senior Counsel appearing on behalf of the petitioners submits that save and except the allegation made in the F.I.R., there is no

Patna High Court Cr.Misc. No.27320 of 2017 (6) dt.13-12-2017 2/2 further material which has come in the case diary so as to support the allegation against these petitioners. It appears that they are all family members of the main accused Md. Naushad and Md. Rajjak, who after being captured by the police had escaped and tried to attack the police. Considering the fact that there is no specific role made out in the F.I.R. against the present petitioners and also that no further material has come in the case diary against these petitioners, let Petitioner Nos.2, 4, 5 and 6, namely, Md. Arjul @ Aarjul, Md. Nashim Javed, Wasim Javed and Md.

Samiruddin @ Samiruddin, 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 learned Chief Judicial Magistrate, Supaul, in connection with Kishanpur P.S. Case No.18 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.