Md. Shoaib @ Shoaib And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1641 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- SAHARSA District- Saharsa ======================================================
1. Md. Shoaib @ Shoaib and Ors Hasim Resident of village- Saharsa, Basti, Ward NO. 38, P.S and District- Saharsa
2. Meer Hasim @ Hasim Mazahar Resident of village- Saharsa, Basti, Ward NO. 38, P.S and District- Saharsa
3. Md. Parwez Alam @ Parwez Hasim Resident of village- Saharsa, Basti, Ward NO. 38, P.S and District- Saharsa
4. Meer Tanveer Aman @ Aman @ Md. Meer Tanveer Alam Lal Resident of village- Saharsa, Basti, Ward NO. 38, P.S and District- Saharsa
5. Md. Shamshad @ Lal babu @ Lal Mazahar Resident of village- Saharsa, Basti, Ward NO. 38, P.S and District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Maya Shankar Mishra For the Opposite Party/s :
Mr.Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2019 Heard the parties.
The petitioners are apprehending their arrest in connection with Saharsa Sadar P.S.Case No.214 of 2018 , registered for offences punishable under Sections 341, 323, 307, 427, 504, 506 and 120(B) of the Indian Penal Code and Section 27of the Arms Act.
Allegation against the accused persons including the petitioner is that they intercepted the informant and his brotherin-law and one of the accused also fired damaging motorcycle and they are accused in several other cases.
Submission of the learned counsel for the petitioners is
Patna High Court Cr.Misc. No.1641 of 2019(2) dt.24-01-2019 2/2 that there is enmity between both the parties and other accused Md. Ahmad has been granted privilege of anticipatory bail vide order dated 10.1.2019 passed in Cr. Misc. No.78769 of 2018, accused Md. Jawed has been granted anticipatory bail vide order dated 19.11.2018 passed in Cr. Misc. No.60715/18, accused Hayat has also been granted privilege of anticipatory bail vide order dated 31.10.2018 passed in Cr. Misc. No.65976 of 2018. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Saharsa in connection with Saharsa Sadar P.S.Case No.214 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation of the case.. With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U