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Patna High CourtCR. MISC./41297/2018bail granted

Md. Mobin @ Mobin And ORS v. The State Of Bihar

2018-07-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41297 of 2018 Arising Out of PS.C.ase No. -44 Year- 2018 Thana -AMAUR District- PURNIA ======================================================

1. Md. Mobin @ Mobin, S/o Hamid ,

2. Md. Fatkan @ Fatkan S/o Nazaam,

3. Moinuddin @ Moin S/o Masleuddin,

4. Asmati Khatoon @ Asmit Khatoon W/o Moin @ Moinuddin, All R/o Vill.- Belka, P.S.- Amour, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Amour P.S. Case No. 44/2018, instituted for the offences under Sections 147, 148, 149, 323, 341, 379, 354, 385, 307, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that in the written report there is specific allegation against co-accused Tansim @ Bhalu. There is general and omnibus allegation against these petitioners. It has further been submitted that the injury on the person of the informant is found to be simple in nature. Considering the facts and circumstances of the case, the

Patna High Court Cr.Misc. No.41297 of 2018 (2) dt.17-07-2018 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Amour P.S. Case No. 44/2018, they shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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.) Rakhi U T