Md. Himayu @ Hemu And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4258 of 2015 Arising Out of PS.Case No. -161 Year- 2012 Thana -PIRPAINTI District- BHAGALPUR ======================================================
1. Md. Himayu @ Hemu Son of Md.Washiruddin @ Handel
2. Md. Hasnain, S/O Late Shekh Islam, Both are residents of Village - Rajganj, P.O. - Laxmipur, P.S. -Pirpainti, Distt. - Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 Heard both sides.
The petitioners, Md. Himayu @ Hemu and Md.
Hasnain, apprehend their arrest in Pirpainti P.S. Case No. 161/2012 registered under Section 307 and other sections of the Indian Penal Code.
The informant named 14 persons and alleged that they formed an unlawful assembly and assaulted the informant and others while they had gone to inspect the Madarsa. Learned counsel for the petitioners submits that the petitioners are of course named in the F.I.R., but no specific allegation of assault is made against them. There is a counterversion. Out of the 14 persons named in the F.I.R., 12 persons have already been granted anticipatory bail vide order passed in
Patna High Court Cr.Misc. No.4258 of 2015 (2) dt.02-02-2015 2/2 Cr. Misc. No. 46699 of 2013 and Cr. Misc. No. 3047/2014. Having considering the facts that there is omnibus and general allegation and on the same and similar fact other named accused persons have already been granted anticipatory bail, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in Pirpainti P.S. Case No. 161/2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T