Patna High CourtCR. MISC./56348/2018bail granted

Athar Alam And ANR v. The State Of Bihar

2018-10-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56348 of 2018 Arising Out of PS.Case No. -293 Year- 2018 Thana -ALAMGANJ District- PATNA ======================================================

1. Athar Alam, S/o Kalimuddin Ansari @ Kalimuddin,

2. Asghar Alam S/o Kalimuddin Ansari @ Kalimuddin, Both Residents of Mohalla - Bangali Tola, Alamganj, P.S. - Alamganj, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Rahmatullah For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379, 307, 384 and 506/34 of the Indian Penal Code. The petitioners, allegedly, assaulted to the informant with a sword indiscriminately. The Doctor has found single lacerated wound at the wrist of the informant which was grievous in nature.

Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the fact that prosecution allegation is not consistent with the medical report, let the petitioners, above

Patna High Court Cr.Misc. No.56348 of 2018 (2) dt.26-10-2018 2/2 named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Alamganj Police Station Case No. 293 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/Rajan U T