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Patna High CourtCR. MISC./17395/2018bail granted

Sk Alamgir @ Md. Alamgir And ORS v. The State Of Bihar

2018-04-23Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17395 of 2018 Arising Out of PS.Case No. -124 Year- 2017 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sk Alamgir @ Md. Alamgir, S/o Nazir Ahmad,

2. SK Rinku @ Khaliquzama, S/o Nazir Ahmad,

3. SK Taiyat @ Tahiyat, Son of Late Sheikh Latif,

4. SK Soail @ Soail Akhtar, Son of Sheikh Darud,

5. Gamgin Alam alias Pinka, Son of Sk Gaisul,

6. SK Nawil @ Nawil Ahmad, S/o SK Akhtar,

7. SK Kamrudoja @ Kamrudoja, Both son of SK Nawil,

8. SK Irfan @ Irfan Ahmad, Son of Late Ainul Hasan,

9. SK Gaisul @ Rasul SK, Son of Late SK Latif, 10.Najmul Hoda Ansari @ Najmul Hoda, Son of Late Aldish Mian, All resident of Village- Bastiha, P.S.- Mainatand, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2018 The petitioners are apprehending their arrest in connection with Mainatand P.S. Case No. 124 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504, 506 and 379 of the IPC.

Allegation against the petitioners is of assault to the informant and others.

It has been submitted on behalf of the petitioners that they have falsely been made accused in this case and in fact there was dispute between the parties with respect of the Chairmanship

Patna High Court Cr.Misc. No.17395 of 2018 (3) dt.23-04-2018 2/3 of the graveyard and though there is allegation of assault to the informant and others, however, all the injuries were found to be simple in nature.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Bettiah, in connection with Mainatand P.S. Case No. 124 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear

Patna High Court Cr.Misc. No.17395 of 2018 (3) dt.23-04-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T