Zubair Miyan @ Zubair Akhtar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29868 of 2017 Arising Out of PS.Case No. -64 Year- 2017 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Zubair Miyan @ Zubair Akhtar, son of Abdul Majid @ Majid Miyan

2. Saif Ali Mian, son of Abdul Majid @ Majid Miyan Both residents of Vill - Piprahi, P.O. - Thawe, P.S. - Uchkagaon, Dist : - Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashish Giri, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Uchakagaon P.S. Case No. 64 of 2017 instituted for the offence under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that they have clean antecedent. There is case and counter case. The petitioner No. 2 Saif Ali Mian has also lodged a First Information Report in Emergency Ward of Sadar Hospital, Gopalganj, against the informant Md. Rafi and his other family members vide Uchakagaon P.S. Case No. 65 of 2017.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.29868 of 2017 (3) dt.02-08-2017 2/2 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 Uchkagaon P.S. Case No. 64 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-IX, Gopalganj, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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