Patna High CourtCR. MISC./46075/2017bail granted

Md. Nurain And ANR v. The State Of Bihar

2017-12-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46075 of 2017 Arising Out of PS. Case No.-188 Year-2017 Thana- SUGAULI District- East Champaran ======================================================

1. Md. Nurain,

2. Md. Sabir, Both son of Amirullah, resident of villageBhatwatola, (Raytola Nimai), P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Mishra For the Opposite Party/s :

Mr. SMT. MEENA SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-12-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sugauli P.S. Case No. 188 of 2017, disclosing offences under Sections 341,323,353,379.427,504,506/34 of the Indian Penal Code. The Informant is the Incharge Headmaster of the School. It is alleged that co-accused Md. Sabir, this petitioner and coaccused Md. Maznain entered into his office. Co-accused Sabir had some objection over informant responding to a letter written by the Block Development Officer. They are said to have assaulted the informant. So far as petitioner No.1 is concerned, he is said to have taken a way certain documents and some cash from the School Almirahas.

Patna High Court Cr.Misc. No.46075 of 2017(3) dt.22-12-2017 2/2 It is submitted that the implication of the petitioner No.1 is apparently because of the dispute in management of the School. Petitioner No.2 has already been arrested and, therefore, this application to the extent it relates to petitioner No.2 has been dismissed.

Considering the above submission, this application is allowed.

Let the petitioner No.1 above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in Sugauli P.S. Case No. 188 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner No.1 shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

arun/- (Chakradhari Sharan Singh, J) U