Md. Khurshid Alam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40952 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Md. Khurshid Alam
2. Md. Basir
3. Md. Aslam @ Md. Aslam Alam
4. Md. Saddam &
5. Gopal Das @ Gopal Krishan Das .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prafull Chandra Thakur, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Chhatapur P.S. Case No. 149 of 2017 instituted for the offence under Sections-307, 379, 427 & other minor Sections of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. The wife of petitioner No. 2 has also filed a case against the informant bearing Chhatapur P.S. Case No. 150 of 2017. In the instant case, there is general and omnibus allegation against the petitioner of tearing cloth of wife of the informant and also of assaulting with Lathi, Danda.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on
Patna High Court Cr.Misc. No.40952 of 2017 (2) dt.06-09-2017 2/2 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Chhatapur P.S. Case No. 149 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Supaul subject to condition as laid down u/S 438(2) of the 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 cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners 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) A.K.V./- U T