Md. Muzaffar Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44356 of 2018 Arising Out of PS.C.ase No. -61 Year- 2018 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Muzaffar Alam @ Md. Muzaffar,

2. Md. Mojib @ Mojib Both Sons of Late Imamuddin,

3. Lukman S/o Ibrahim, All Residents of Vill.- Fatehpur, P.S.- Narpatganj, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Bhushan Das, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Narpatganj P.S. Case No. 61/2018, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354(B) and 504 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is specific allegation of assault against the co-accused Md. Mojim. In the written report, it is alleged that Md. Mojim assaulted the husband of the informant with Farsa on his head. There is no specific allegation of assault against these petitioners. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.44356 of 2018 (2) dt.27-07-2018 2/2 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 Narpatganj P.S. Case No. 61/2018, 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, Araria, 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