Habibur Rahman And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64628 of 2018 Arising Out of PS. Case No.-216 Year-2018 Thana- BARARI District- Katihar ====================================================== 1.

Habibur Rahman, Son of Late Junab Ali 2.

Muhfuj Son of Late Awed Hussain 3.

Mannan Son of Late Abu Sayeed @ Abu Shahid 4.

Ishrafil Son of Late Abu Sayeed 5.

Taslim Son of Md. Jamal 6.

Jamaluddin @ Jamal Hussain Son of Late Rahman All Resident of VillageTetbari,Police Station-Barari,Distt.-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Rahmatullah For the Opposite Party/s :

Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Barari P.S. Case no. 216 of 2018, registered under Sections 147, 341, 323, 324, 325, 307 and 354 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that informant is not eye-witness of the occurrence and she has not disclosed the name of the petitioners. Later on, she disclosed the name of 13 persons,

Patna High Court CR. MISC. No.64628 of 2018(3) dt.21-05-2019 2/2 including the petitioners, in her restatement. Further submission is that similarly situated co-accused Md. Kamrul @ Kamrul Hoda, whose name has also been disclosed by the informant has already been allowed privilege of pre-arrest bail by a co-ordinate Bench of this Court on 12.12.2018 vide Criminal Miscellaneous No. 62547 of 2018.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M-IV, Katihar in connection with Barari P.S. Case No. 216 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T