Gorakh Miyan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55483 of 2018 Arising Out of PS. Case No.-160 Year-2018 Thana- DULHIN BAZAR District- Patna ======================================================
1. Gorakh Miyan, S/o Anwar Miyan,
2. Nazir Miyan
3. Sakil Miyan
4. Bhuttu Miyan All Sons of Akalu Miyan,
5. Akalu Miyan S/o Late Chamaru Miyan,
6. Sahid Miyan S/o Mozib Miyan,
7. Alauddin Miyan @ Aluddin S/o Khalil Miayn,
8. Md. Ali Imam Miyan @ Md. Ali Imam S/o Md. Kamaluddin Miyan, All are Resident of village - Sighara, P.S.- Dulhin Bazar and District- Patna. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Dhirendra Kumar, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 354 of the Indian Penal Code registered in connection with Dulhin Bazar P.S. Case No. 160 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties. It is further submitted that in any event the injuries sustained by the informant and others attributed to the assault by these petitioners are simple in nature. The petitioners claim clean antecedents.
4. Learned APP opposes the anticipatory bail petition.
5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be
Patna High Court Cr.Misc. No.55483 of 2018(4) dt.20-02-2019 2/2 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 160 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
BT/Chandran (Vikash Jain, J) U T