Patna High CourtCR. MISC./46420/2019bail granted

Johar Ali v. The State Of Bihar

2019-07-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46420 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- JALALGARH District- Purnia ====================================================== 1.

Johar Ali Son of Late Wahid Ali 2.

Aisuddin @ Asiuddin Son of Sarafat Ali 3.

Kamruddin Son of Nutafal 4.

Nasim @ Md. Nasim Son of Abdul Salam 5.

Rafik Son of Jeber Ali 6.

Ismail Son of Kasim All are R/o Village- Jangla, Kol, P.S.- Srinagar (K. Nagar), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-07-2019 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offences punishable under Sections 147/148/149/341/ 323 / 324/325/307/302 of the Indian Penal Code.

Petitioners are in the list of 51 accused persons named in the FIR. However, the assailants of the deceased are Anshur Rahman, Md. Kasim, Abdull Rahman, Md. Jamal, Safikur, Md. Iliyas and Habib. Petitioners are not the

Patna High Court CR. MISC. No.46420 of 2019(2) dt.29-07-2019 2/2 assailants.

Learned counsel for the informant opposed the prayer for bail on the ground that in the past also for the land dispute criminal case was by the informant-side. Considering the fact that there is no allegation of commission of any overt-act by the petitioners and completion of investigation against the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Jalalgarh P.S. Case No.46 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T