Mohd. Sabir And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27763 of 2018 Arising Out of PS.Case No. -55 Year- 2017 Thana -BALIGAON District- VAISHALI(HAJIPUR) ======================================================

1. Mohd. Sabir, Son of Late Abdul Karim.

2. Mohd. Mustafa, Son of Mohd. Israil, Both are residents of VillageBharthipur, Police Station- Baligaon, District- Vaishali. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Baligaon P.S. Case No. 55 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 353, 332, 333, 334, 337, 338, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act and under Section 5/6 E.S.M. Act.

The allegation against the petitioners and other accused persons that they have assaulted the informant. Submission of the learned counsel for the petitioners is that except the allegation that the petitioners were only members of mob, no other allegation of assault against the petitioners and other co-accused have been granted privilege of bail by a Co-

Patna High Court Cr.Misc. No.27763 of 2018 (4) dt.26-06-2018 2/2 ordinate Bench of this Court vide order dated 01.02.2018 passed in Cr. Misc. No. 3826 of 2018.

Learned APP opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of their arrest or surrender be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Hajipur, in connection with Baligaon P.S. Case No. 55 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immovable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) Sudha/Priyanka/- U T