Md. Tahyad Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21041 of 2017 Arising Out of PS.Case No. -103 Year- 2013 Thana -MAHESI District- SAHARSA ======================================================

1. Md. Tahyad Khan, S/o Md. Tahur Khan,

2. Md. Abdul Khan, S/o Md. Tahur Khan,

3. Md. Hunman Khan @ Md. Hanna Khani @ Md. Hanna Khan, S/o Md. Jahur Khan, All are R/o Village- Rajanpur, P.S.- Mahishi, District- Saharsa. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Sri Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Mahishi P. S. Case No.103 of 2013 registered under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code.

Considering the fact that in course of investigation, accusation against the petitioners were found false and though other accused persons were sent up for trial, the petitioners were not sent up for trial and the Magistrate took cognizance of the

Patna High Court Cr.Misc. No.21041 of 2017 (2) dt.06-07-2017 2/2 offence against the petitioners differing with the police report, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa in Mahishi P. S. Case No.103 of 2013, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T