Md. Sarfaraj @ Jhunnu And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.24178 of 2016 (3) dt.21-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24178 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -BELAGANJ District- GAYA ======================================================

1. Md. Sarfaraj @ Jhunnu Son of Md. Hamid Mian

2. Sonu Mian son of Md. Pyaru Mian

3. Kalimuddin @ Sanna @ Sannu Mian, son of Late Quamrun Mian All resident of village- Chandauti, P.S.- Belaganj, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Sharma, Adv. Mr. Rakesh Kumar Sharma, Adv.

For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-07-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Belganj P.S. Case No. 84 of 2016, disclosing offences under Sections 302,147,148,149 of the Indian Penal Code and Section 27 of the Arms Act.

Learned senior counsel, appearing on behalf of the petitioners, has submitted that there is a specific allegation of opening fire and shooting the deceased against accused Md. Nanhu Mian and Sagir Mian. So far as these petitioners are concerned there is no such allegation against them. Learned Additional Public Prosecutor appearing on

Patna High Court Cr.Misc. No.24178 of 2016 (3) dt.21-07-2016 behalf of the State could not, on the basis of contents of the case diary, controvert the contentions raised on behalf of the petitioner. In view of the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, III, Gaya in connection with Belganj P.S. Case No. 84 of 2016subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, above named, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Prakash/- U T