Md. Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14201 of 2018 Arising Out of PS. Case No.-117 Year-2017 Thana- PHULWARIA District- Begusarai ======================================================

1. Md. Alam Son of Md. Wajid @ Md. Zahid Resident of Village Baro, Makhan Tola, P.S. Phulwaria, District- Begusarai.

2. Md. Shamim Akhtar @ Md. Chand@ Chand Son of Md. Kashim Resident of Village- Baro, Naya Tola, P.S. Garhara, DistrictBegusarai.

3. Md. Chand@ Md. Shahid Hussain Son of late Ali Hussain Resident of Village- Baro, Shahnagar, P.S. Phulwaria, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Phulwaria P. S. Case No. 117 of 2017, registered for offences punishable under Sections 147, 148, 149, 153 (A), 353 (A), 295 (A), 332, 327, 337 and 427 of the Indian Penal Code. The petitioners are not named in the F.I.R. and allegation against the petitioners is that in Muharrum procession, the processionists including the petitioners were pelting bricks and damaged the house and later on they also obstructed the police officers and officers of administration in discharging their official

Patna High Court Cr.Misc. No.14201 of 2018(2) dt.10-04-2018 2/3 duty.

Submission of the learned counsel for the petitioners is that there is no any specific allegation has been attributed against the petitioners and the petitioners have no criminal antecedents.

Learned A.P.P. opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st class, Begusarai in connection with Phulwaria P.S.Case No. 117 of 2017, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.

With following conditions:- i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

ii) The petitioners will not induce any witness or tamper with the evidence.

iii) The petitioners shall co-operate in the investigation of the case and make herself available as and when

Patna High Court Cr.Misc. No.14201 of 2018(2) dt.10-04-2018 3/3 required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond.

(Vinod Kumar Sinha, J) sudha/- U