Patna High CourtCR. MISC./25697/2017bail granted

Ashahabuddin @ Ashabuddin And ORS v. State Of Bihar And ANR

2017-07-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25697 of 2017 Arising Out of PS.Case No. -1212 Year- 2015 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Ashahabuddin @ Ashabuddin Son of Md. Aziz

2. Tasleem @ Lobin Son of Nazar Ali

3. Md. Abbas @ Abbas Son of Mainuddin

4. Touhid Alam Son of Late Majoddin All residents of village - Dahibhat, Rangapani, P.S. Dighalbank, District - Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Noor Mohamad S/o Barsatu Resident of Village - Hasnabad, P.S. Kodobari, Distt. Kishanganj.

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2017 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Complaint Case No. 1212C of 2015 of 2017, disclosing offences under Sections 323,392/34 of the Indian Penal Code. Considering the submission that the complaint case has been lodged eight days after the date of occurrence and there does not appear to be any cogent explanation in the complaint petition for such delay.

Considering the submissions as advanced on behalf of the petitioner, this application is allowed.

Let the petitioners in the event of their arrest/surrender

within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Kishanganj in Complaint Case No. 1212C of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U