Nurul Hodda @ Hadi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15218 of 2018 Arising Out of PS.Case No. -229 Year- 2016 Thana -BIRPUR District- SUPAUL ====================================================== Nurul Hodda @ Hadi, S/o Tahiruddin, R/o Shankarpur, P.S.- Birpur, District- Suapul.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.13191 of 2018 Arising Out of PS.Case No. -229 Year- 2016 Thana -BIRPUR District- SUPAUL ====================================================== Hayat @ Hayat Ali, son of Maimuddin, resident of Shankarpur, P.S. Ghoshapur, Anchal Basntpur, Distt. Supaul.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.15218 of 2018) For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. (In Cr.Misc. No.13191 of 2018) For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-05-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Supaul Birpur P.S. Case No. 229 of 2016 instituted for the offence under Sections 364, 302, 120(B) and 201 of the Indian Penal Code. Petitioners are not named in the written report. In the
Patna High Court Cr.Misc. No.15218 of 2018 (4) dt.11-05-2018 2/3 written report it is alleged that son of the informant went to take payment of due wages from co-villager Nazmul, but son of the informant did not return till 4:00 p.m. The informant along with his wife made search and on 17.09.2016 the informant heard noise in the field that one dead body was lying. The informant identified the dead body of his son.
Case diary has been received.
Learned A.P.P. has submitted that none of the witnesses have levelled any allegation of specific overt act against the petitioners. Mere suspicion has been raised against these petitioners.
Considering the facts and circumstances of the case, 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 Supaul Birpur P.S. Case No. 229 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Fast Track Court II, Supaul, subject to the conditions as laid down under Section 438 (2) 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
Patna High Court Cr.Misc. No.15218 of 2018 (4) dt.11-05-2018 3/3 cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T