Patna High CourtCR. MISC./41562/2016bail granted

Md. Aslam Khan And ANR v. The State Of Bihar

2016-10-25Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41562 of 2016 Arising Out of PS.Case No. -221 Year- 2015 Thana -SURSAND District- SITAMARHI ======================================================

1. Md. Aslam Khan, Son of Israil Khan,

2. Naseem Khan, Son of Farmod Khan, Both resident of Kumbha, P.S.- Sursand, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Anand Kumar, Advocate For the Opposite Party/s : Sri Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Sursand P.S. Case No.221 of 2015 for allegedly having committed the offences under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that there is no clear allegation against the present petitioners. However, final form has also been submitted and the petitioners have not been sent up for trial. However, the learned Magistrate has deferred with the said final form and proceeded to take cognizance against the petitioners and, as

Patna High Court Cr.Misc. No.41562 of 2016 (2) dt.25-10-2016 2/2 such, the petitioners are apprehending their arrest. Considering the fact that the investigations made have revealed no complicity of the petitioners and there is a case and counter case between the parties, let both the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Shri P.K. Lal, learned Judicial Magistrate 1st Class, Pupri at Sitamarhi, in connection with Sursand P.S. Case No.221 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T