Md. Naazim And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13529 of 2018 Arising Out of PS.Case No. -159 Year- 2017 Thana -JALE District- DARBHANGA ======================================================

1. Md. Naazim, S/o Md. Quasim,

2. Md. Wasim S/o Md. Shamim,

3. Md. Jahangir S/o Late Bhola Nedaf, All are R/o Village- Chandardipa, P.S.- Jalley, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mazharul Hassan For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Jalley P.S.Case no.159 of 2017 , registered for offences punishable under Sections 147, 148, 149, 152, 341, 323, 332, 353, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners is they along with the other accused persons entered inside the house and raised slogans, used unparliamentary language and misbehaved with the informant.

Submission of the learned counsel for the petitioners is that as a matter of fact the flood has come in the area and for that thy had gone there to raise their grievances and the petitioners have

Patna High Court Cr.Misc. No.13529 of 2018 (2) dt.06-04-2018 2/2 been falsely implicated in this case and no specific allegation has been attributed against them.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, 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 the learned C.J.M., Darbhanga in connection with Jalley P.S.Case no.159 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall 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 petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T