Patna High CourtCR. MISC./39927/2018bail granted

Md. Abbas And ORS v. The State Of Bihar

2018-07-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39927 of 2018 Arising Out of PS.C.ase No. -542 Year- 2017 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Md. Abbas

2. Md. Faruque Both S/o Late Wajid Ali

3. Md. Masrul

4. Md. Tosif Both S/o Md. Faruque All residents of village - Sabutar, P.S. - K. Nagar, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in K. Nagar P.S. Case No. 542/2017, G.R. No. 4008/2017, instituted for the offence punishable under Sections 341, 323, 379, 386, 504 and 506/34 of the Indian Panel Code.

Learned counsel for the petitioners has submitted that the instant case has been filed due to land dispute. There is general and omnibus allegation of abusing and assaulting the members of prosecution party against the petitioners with Lathi, but no injury is sustained by anybody.

Patna High Court Cr.Misc. No.39927 of 2018 (3) dt.24-07-2018 2/2 Considering the facts and circumstances of the case, the 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 K. Nagar P.S. Case No. 542/2017, G.R. No. 4008 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 the learned Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.) Rakhi U T