Md. Zulfiquar @ Md.Zulfiquar Ali And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12712 of 2018 Arising Out of PS.Case No. -60 Year- 2017 Thana -MUNGER MUFFASIL District- MUNGER ======================================================
1. Md. Zulfiquar @ Md.zulfiquar Ali, son of late Md. Islam
2. Md. Naushad Alam, son of late Md. Mojib Both are resident of village Mirjapur Vardah, P.S. Muffasil, Distt. Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-03-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Muffasil P.S. Case No. 60 of 2017 instituted for the offence under Sections 341, 504, 506, 323, 307 and 337/34 of the Indian Penal Code. It is alleged in the written report that the petitioner along with others armed with different weapons arrived and started damaging eastern wall of the house. They also assaulted the informant with pieces of bricks etc.
Learned counsel for the petitioner has submitted that during investigation the police submitted charge sheet against all the accused persons under Sections 341, 323, 504, 505, 337/34 of the Indian Penal Code but the learned court below took cognizance under Section 307 Indian Penal Code.
Patna High Court Cr.Misc. No.12712 of 2018 (2) dt.05-03-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Muffasil P.S. Case No. 60 of 2017, they shall be released on anticipatory 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, Munger, subject to the conditions as laid down under Section 438 (2) 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T