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Patna High CourtCR. MISC./76859/2018bail granted

Md. Aslam @ Md. Aslam Alam And ORS v. The State Of Bihar

2019-01-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76859 of 2018 Arising Out of PS. Case No.-242 Year-2018 Thana- MAJORGANJ District- Sitamarhi ======================================================

1. Md. Aslam @ Md. Aslam Alam, Son of Rasul Rai,

2. Kasim Rai, Son of Iltaf Rai,

3. Md. Jafir @ Md. Jafir Alam, Son of Iltaf Rai,

4. Mobarak Rai @ Md. Mobarak @ Mobarak, Son of Iltaf Rai, All resident of Village- Gopalpur, P.S.- Majorganj, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2019 Heard the learned counsel for the parties.

This application for anticipatory bail arises out of Majorganj (Suppi OP) P.S. Case No.242 of 2018, disclosing offences under Sections 341,323,324,307,379,504/34 of the Indian Penal Code.

It is alleged that co-accused Md. Jafir Alam inflicted Khukhari blow on the informant's head whereas accused Rasul Rai wrapped a rope around his neck. It is alleged against the petitioners that he assaulted with an iron rod on the informant's head which caused severe injuries.

Learned counsel appearing on behalf of the petitioners has submitted that co-accused Rasul Rai has been granted

Patna High Court Cr.Misc. No.76859 of 2018(2) dt.11-01-2019 2/2 regular bail. He contends that there is no chance of abscontion of these petitioners or tampering with the evidence, if they are granted anticipatory bail.

Considering the fact that the co-accused has been granted regular bail, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on 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 Additional Chief Judicial MagistrateI, Sitamarhi in Majorganj (Suppi. OP) P.S. Case No.242 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall themselves himself before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U