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Patna High CourtCR. MISC./65888/2018bail granted

Ejaj Anwar @ Mister @ Md. Ejaj Anwar And ORS v. The State Of Bihar

2018-11-26Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65888 of 2018 Arising Out of PS. Case No.-156 Year-2018 Thana- KOCHADHAMAN District- Kishanganj ======================================================

1. EJAJ ANWAR @ MISTER @ MD. EJAJ ANWAR, Son of Mujahid Alam, Resident of Village- Laitor, Police StationKochadhaman, District- Kishanganj.

2. Shamshad, Son of Akhter @ Raju, Resident of Bishanpur Bazar, Police Station- Kochadhaman, District- Kishanganj.

3. Satish Kumar Bosak @ Satish, Son of Vijay Kumar Bosak, Resident of Village- Baisa, Police Station- Kochadhaman, District- Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Kochadhaman P.S.Case No.156 of 2018 registered for offences punishable under Sections 114, 147, 148, 149, 342, 323, 448, 307, 332, 333, 379, 427, 353 and 436 of the Indian Penal Code. Allegation against the petitioners as per FIR is that two co- accused persons raised objections with respect to killing of the animals and both persons were brought to the police station and thereafter a mob assembled there and started brick batting on the police station and also damaged the public property.

Patna High Court Cr.Misc. No.65888 of 2018(2) dt.26-11-2018 2/3 Submission of the learned counsel for the petitioners is that though they are named in the FIR and no specific allegation has been attributed against them and they are in custody since e16.8.2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Kishanganj in connection with Kochadhaman P.S.Case No.156 of 2018..

With following conditions :

(i) One of the bailors of the petitioner sshall 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 petitioner shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any

Patna High Court Cr.Misc. No.65888 of 2018(2) dt.26-11-2018 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

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