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Patna High CourtCR. MISC./3913/2021bail granted

Alish @ Md. Alis v. The State Of Bihar

2021-08-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3913 of 2021 Arising Out of PS. Case No.-166 Year-2017 Thana- BHARGAMA District- Araria ====================================================== 1.

ALISH @ MD. ALIS S/o Mohammad Mian Resident of Vill.- Banmankhi Sugar Mill Mohalla, P.S.- Banmankhi, Distt.- Purnea. 2.

Md. Saddam S/o Alish Resident of Vill.- Banmankhi Sugar Mill Mohalla, P.S.- Banmankhi, Distt.- Purnea.

3.

Md. Hedayat S/o Alish Resident of Vill.- Banmankhi Sugar Mill Mohalla, P.S.- Banmankhi, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana- Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-08-2021 Heard Mr. Mukesh Kumar Rana, the learned Advocate for the petitioners and Mr. Anuj Kumar Shrivastava, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Bhargama P. S. Case No.166 of 2017, instituted for the offences under Sections 364, 120B of the Indian Penal Code.

The informant has alleged that his son had left for Delhi along with petitioners but he never returned. The complaint regarding this has been lodged in the Year 2017 i.e. after 11 years of the son of the informant having gone to Delhi along with the petitioners. The petitioners are relatives of coaccused Md. Taimur who reside in Purnia and are in no way

Patna High Court CR. MISC. No.3913 of 2021(2) dt.04-08-2021 2/2 connected with the alleged occurrence.

The son of the informant is a major boy aged about 22 years and his disappearance cannot be saddled on the petitioners.

Considering this aspect of the matter, two of the other accused persons of this case have been granted anticipatory bail by a Bench of this Court vide order dated 25.06.2020 passed in Cr. Misc. No.8560 of 2020.

Regard being had to the facts afore-stated, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri Rajesh Ranjan, learned Judicial Magistrate, 1st Class, Araria in connection with Bhargama P. S. Case No.166 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T