Eshtiyak Akhtar @ Saheb And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40932 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -JALALPUR District- SARAN ======================================================

1. Eshtiyak Akhtar @ Saheb,

2. Reyaz Akhtar.

3. Miraz Akhtar, All Sons of Late Nabi Hasan, Resident of Village- Sabri Bazar, P.S. Jalalpur, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shruti Sinha For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jalalpur Police Station Case No. 41/18, disclosing offences under Sections 323, 324, 392, 307 of the Indian Penal Code and Section 3/4 of the Explosive Substance Act as well as Section 27 of the Arms Act.

Allegation against the petitioners that they came armed and threatened the informant to caste his vote in favour of a particular candidate and they started creating nuisance at polling booth.

Learned Counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.40932 of 2018 (2) dt.16-07-2018 2/3 that no specific allegation has been attributed to any of the petitioners and there is no allegation of assault and they have falsely been made accused in this case.

Having heard both sides, considering the facts and circumstances of the case, 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. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Jalalpur Police Station Case No. 41/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure., it is further subject to the condition that:- I.

One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.

II.

The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event on failure of their part to appear before the police on two consecutive dates, the

Patna High Court Cr.Misc. No.40932 of 2018 (2) dt.16-07-2018 3/3 prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T