Afzal Alam And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60375 of 2017 Arising Out of PS.Case No. -205 Year- 2016 Thana -PAKARIBARAW District- NAWADA ======================================================
1. Afzal Alam, S/o Samim Ansari,
2. Md. Hasim @ Md. Hasim Ansari, S/o Ishahak Talor, Both R/o Village- Pakribarwan, P.S.- Pakaribarawan, Distt.- Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate. For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-12-2017 Learned counsel for the petitioners is permitted to make necessary correction in paragraph-3 of the bail petition during course of the day.
Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Pakribarawan P.S. Case No. 205 of 2016 instituted for the offence under Sections 147, 148, 149, 323, 341, 307, 353, 379, 427 and 504 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners. The written report has been filed by the Medical Officer making allegation that two persons were brought in the Hospital who were
Patna High Court Cr.Misc. No.60375 of 2017 (2) dt.22-12-2017 2/3 declared dead but the relative insisted for treatment speaking that they are alive. Thereafter, they became violent and about 100-150 unknown persons along with these petitioners and other named accused persons arrived in the Hospital and started creating vandalism. It is alleged in the written report that the accused persons damaged government property i.e. oxygen cylinder, tools, dressing room etc. of the hospital. The petitioners are also named in the written report.
As such, there is general and omnibus allegation against these petitioners.
Considering the facts and circumstances of the case, 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 Pakribarawan P.S. Case No. 205 of 2016, 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 Judicial Magistrate, 1st Class, Nawada, 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
Patna High Court Cr.Misc. No.60375 of 2017 (2) dt.22-12-2017 3/3 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