Imamudeen Ali @ Imamdin Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 69856 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Imamudeen Ali @ Imamdin Ali Gender - Male Aged about 20 years. 2.

Babudeen Ali @ Babudin Gender - Male, Aged about 25 years 3.

Sarfuddeen Ali @ Sarfudin Gender - Male, Aged about 28 years. All are sons of Halim Hussain @ Halim Dewan Resident of Village - Baniya Chhapar Maniara, P.S.- Kuchaikote, Distt - Gopalganj. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

13-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Kuchaikote P.S. Case No. 188 of 2019 registered for the offence under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

In the F.I.R., it is alleged that petitioners snatched watch, mobile and money worth Rs. 30,000/- from the informant and on protest of the informant, the petitioner no. 2 gave farsa blow on his head. It is further alleged that petitioners also assaulted informant's son with lathi.

It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case. No such occurrence has taken place and only due to local politics, a false

Patna High Court CR. MISC. No.69856 of 2019(3) dt.13-02-2020 2/2 case has been instituted against petitioners It is further submitted that the injury sustained by the informant and his son are simple in nature. Petitioners are having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VII, Gopalganj in connection with Kuchaikote P.S. Case No. 188 of 2019 on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T