Dilshad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27319 of 2018 Arising Out of PS. Case No.-68 Year-2017 Thana- DIGHALBANK District- Kishanganj ======================================================
1. Dilshad, S/o- Dighalmian,
2. Sajahmad @ Sajamal @ Sajhamal, S/o- Ashru, Both R/o Hari Bhitta, P.S.- Dighalbank, District- Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Sinha & Raunak Kumar Singh, Advocates For the Opposite Party/s :
Sri Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/149/323/324/341/353/364/379/504 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report submitted by Kuldeep Singh, I/c O.P, Piltola, dated 25.07.2017 to the Station House Officer, Dighalbank Police Station to the effect that on 24.07.2017, a secret information was received that on the border of Nepal, animals are being trafficked, raid was led, but the accused persons started assaulting the informant. When the informant tried to informant
Patna High Court Cr.Misc. No.27319 of 2018(2) dt.07-05-2018 2/3 his Company Commander, his two mobiles were snatched by them. The accused persons aslo abducted one constable Suresh Kumar Gurjar and kept him confined in a school. It is submitted by learned counsel for the petitioners that accusation is against the mob. For the occurrence of 24.07.2017 at 04.00 P.M, the FIR was registered on 25.07.2017 at 12.30 P.M. The constable, who is alleged to have been confined subsequently, has been returned. Moreover, similarly situated co-accused have been granted anticipatory bail vide Criminal Miscellaneous No. 10137 of 2018, Criminal Miscellaneous No. 13546 of 2018 and Criminal Miscellaneous No. 13566 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. It is submitted by learned APP for the State that petitioners are named in the FIR.
Considering the accusation is against the mob and similarly situated accused persons have been granted bail, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court within a period of 12 weeks from today, on furnishing bail bond
Patna High Court Cr.Misc. No.27319 of 2018(2) dt.07-05-2018 3/3 of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Kishanganj, in connection with Dighalbank P.S. Case No.68 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T