Mojib @ Mojibur Rahman And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55831 of 2018 ======================================================

1. Mojib @ Mojibur Rahman son of Jainuddin

2. Nayeem @ Md. Nayeem son of Late Gafoor

3. Md. Ahmad @ Ahmad son of Late Ashraf

4. Abu Nasar son of Ismail

5. Md. Kalaudin @ Kalauddin son of Late Sameed

6. Md. Sherajuddin @ Sarajuddin son of Late Sameed

7. Md. Muntajeer son of Abdul Hannan

8. Md. Tanbir @ Tanbir son of Taksir

9. Md. Ismail son of Late Mohar Ali

10. Md. Azim son of Late Sameed, All resident of Village- Kujri P.S. Palasi, District Araria. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Mukesh Kumkar Rana, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 379, 427, 504/34 of the Indian Penal Code registered in connection with Palasi P.S. Case No. 296 of 2017.

3. It is submitted that the petitioners have been falsely implicated and the allegation against these petitioners are general and omnibus in nature. The specific allegation of assault is only

against co-accused Md. Hannan. The allegation of theft is ornamental in nature. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in connection with Palasi P.S. Case No. 296 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themslves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of

failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T