Md. Aftab Alam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22413 of 2018 Arising Out of PS.Case No. -154 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Md. Aftab Alam,
2. Md. Dilshad Alam,
3. Rinku All sons of Md. Mahmood Alam,
4. Md. Mahmood Alam, son of Late Zafar Alam, All resident of Mohalla- Gareriya Khan, P.S. and District- Jehanabad. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Md. Salahuddin Khan, Advocate. For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-06-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Jehanabad P.S. Case No. 154 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 307, 379, 427 and 506 of the Indian Penal Code. Learned counsel for the petitioners has submitted that informant is full brother of petitioner No. 4 and petitioner Nos. 1 to 3 are sons of petitioner No. 4. There is land dispute between the parties. In the written report there is allegation that petitioner No.1, assaulted Abdullah with iron rod on his head. There is general and omnibus allegation against petitioner Nos. 2, 3 and 4. Case diary has been received.
Learned A.P.P. after perusing the case diary has submitted
Patna High Court Cr.Misc. No.22413 of 2018 (3) dt.21-06-2018 2/2 that injury found on the person of Abdullah was simple in nature. 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 Jehanabad P.S. Case No. 154 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, Jehanabad, 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/- Rohit Kr.
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