Patna High CourtCR. MISC./488/2018partly allowed disposal

Md. Abid And ORS v. The State Of Bihar

2018-01-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.488 of 2018 Arising Out of PS.Case No. -744 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Md. Abid son of Late Abbas

2. Md. Jawed son of Late Abbas

3. Md. Sabbir son of Late Abbas

4. Md. Jashim son of Late Abbas

5. Md. Sajjad, son of Late Abbas

6. Md. Zahid @ Md. Mozahid, son of Late Wasim, Petitioner no. 1 to 5 of Village- Tharia Bakia, Police StationSimraha, petitioner no. 6 of Village- Dhama, Police Station- Araria (R.S.), District- Araria.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Arun Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Forbesganj (Simraha) P. S. Case No. 744 of 2017 registered under Sections 341, 323, 324, 354, 379 and 504/34 of the Indian Penal Code.

Regard being had to the fact that main allegation is against petitioner no. 2 Md. Jawed and co-accused Md. Sajji,

Patna High Court Cr.Misc. No.488 of 2018 (2) dt.11-01-2018 2/2 petitioner no. 1 Md. Abid, petitioner no. 3 Md. Sabbir, petitioner no. 4 Md. Jashim, petitioner no. 5 Md. Sajjad and petitioner no. 6 Md. Zahid @ Md. Mozahid respectively, who having no criminal antecedent are said to be merely members of an unlawfully assembly, are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in Forbesganj (Simraha) P. S. Case No. 744 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

So far as the petitioner no. 2 Md. Jawed is concerned, his application for grant of pre-arrest bail is rejected. However, in case he surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Kanchan/- U T