Md. Taha @ Tahir And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22091 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Taha @ Tahir, son of Chhutaharu

2. Khokha, son of Israfil

3. Chunnu, son of Sabir

4. Khusmuddin, son of Late Mahiuddin

5. Sahibuddin, son of Late Mahiuddin

6. Niyaz @ Md. Niyaz, son of Late Mahiuddin

7. Kamrujama, son of Late Mahiuddin

8. Salamuddin, son of Khali Munshi

9. Kamrul, son of Mahiuddin

10. Amerul Hoda, son of Mahiuddin

11. Nauman, son of Hefaz

12. Saumman, son of Hefaz

13. Firoj, son of Kashim All are resident of village- Rahimpur, Khabdah, P.S.- Narpatganj, District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the State : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Narpatganj P.S. Case No.115 of 2017 registered under Sections 341, 323, 324, 325, 307, 354-B, 379, 504, 506 and 436 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.22091 of 2018 (2) dt.26-04-2018 2/3 that nine other co-accused, namely, Arif, Farooque, Hefaz, Bano, Md. Abbas, Israfil, Suber, Afzal and Munni Khatoon having identical allegation to that of the petitioners have already been granted pre-arrest bail by a Bench of this Court vide order dated 12.10.2017 passed in Cr. Misc. No.44152 of 2017. It is further contended that so far as the petitioners are concerned nothing specific has been alleged against them and the specific allegation in the first information report of assault is confined against accused Aslam @ Md. Aslam and Sakir.

Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. However, he admitted that the case of petitioners stands on similar footing to that of other nine accused, who have already been granted pre-arrest bail by a Bench of this Court vide order dated 12.10.2017 passed in Cr. Misc. No.44152 of 2017.

In view of the submissions made above, the petitioners, who are said to be men of clean antecedent, in the event of arrest or surrender in the court below within six weeks from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case

Patna High Court Cr.Misc. No.22091 of 2018 (2) dt.26-04-2018 3/3 No.115 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T