Aminuddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13018 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -KASBA District- PURNIA ======================================================

1. Aminuddin Son of Late Abul

2. Md. Firoz Son of Aminuddin @ Amin

3. Afroz Son of Aminuddin @ Amin All Resident of Village-Gurhi Baghi Rahika Tola P.S. Kasba District Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 Heard the parties.

This application has been filed in connection with Kasba P.S.Case No.125 of 2016 for the offence under Sections 302 and 34 of the Indian Penal Code.

Submission of the learned counsel for the petitioners is that there is specific allegation of assault against the petitioners and there is only allegation of abusing the informant and others and they have clean antecedent. They have remained in custody for about five months.

Heard learned A.P.P. also, who could not controvert the above facts.

Having heard both sides and in view of facts and

Patna High Court Cr.Misc. No.13018 of 2017 (3) dt.28-03-2017 2/2 circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Purnea in connection with Kasba P.S.Case No.125 of 2016.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U