Patna High CourtCR. MISC./42868/2018partly allowed disposal

Ahmad Mian And ORS v. The State Of Bihar

2018-07-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42868 of 2018 ======================================================

1. Ahmad Mian, son of Sahdeen Mian,

2. Azad Mian @ Azad Ansari, son of Hikayat Mian,

3. Lal Babu Yadav, son of Late Janardan Yadav,

4. Sharma Yadav, son of Ramesh Yadav,

5. Rudal Yadav, son of Lal Babu Yadav.

6. Dhiraj Pandey, son of Brij Kishore Pandey,

7. Hikayat Mian, son of Late Jalim Mian,

8. Alisen Mian, son of Late Jalim Mian,

9. Bhola Mian, son of Late Jalim Mian, All are residents of village- Kudiya, Rampurwa, Police StationYogapatti, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the State : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Yogapatti P.S. Case No.494 of 2017 registered under Sections 147, 148, 149, 341, 342, 323, 324, 447, 308, 504 and 506 of the Indian Penal Code and Sections 3 and 4 of the Witch Practices Act.

Considering the allegation made in the first information report that the petitioners, namely, Lal Babu Yadav and Rudal

Patna High Court Cr.Misc. No.42868 of 2018 (2) dt.19-07-2018 2/2 Yadav assaulted the informant with Lathi, I am not inclined to grant them pre-arrest bail. Accordingly, their application for grant of pre-arrest bail is rejected.

So far as the petitioners, namely, Ahmad Mian, Azad Mian @ Azad Ansari, Sharma Yadav, Dhiraj Pandey, Hikayat Mian, Alisen Mian and Bhola Mian are concerned, since the allegation against them is omnibus and general and they did not carry any criminal antecedent, in the event of arrest or surrender in the court below within six weeks from today, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti P.S. Case No.494 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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