Md. Abid And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12866 of 2018 Arising Out of PS. Case No.-182 Year-2017 Thana- WAJIRGANJ District- Gaya ======================================================

1. Md. Abid, S/o Md. Rauf Miyan@ Abdul Rauf,

2. Md. Anwar @ Md. Allaudin,

3. Md. Salauddin, Both are S/o Late Karu Miya,

4. Md. Rauf Mian@ Md. Rahuf, S/o Late Munshi Miya, All are R/o Village- Alahna, P.S. Wazirganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Wazirganj P.S. Case No. 182 of 2017 instituted for the offence under Sections 341,323,325,379,307/34 of the IPC.

Counsel for the petitioners has submitted that there is case and counter case between the parties. The counter case has been filed by petitioner side vide Wazirganj P.S. Case No. 179 of 2017 against 11 persons. In the instant case, there is allegation of assaulting the informant with butt of pistol which caused injury to him. It has been mentioned in the bail petition in paragraph 8 that all the injuries were found to be simple in nature.

Patna High Court Cr.Misc. No.12866 of 2018(2) dt.09-03-2018 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Wazirganj P.S. Case No. 182 of 2017 to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Gaya, subject to condition as laid down u/S 438

(2) of the Cr. P.C. with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) khushbu/- U T