Kamrul Hoda And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66402 of 2018 Arising Out of PS. Case No.-12 Year-2015 Thana- PAHARKATTA District- Kishanganj ======================================================
1. Kamrul Hoda Son of Late Imajudden Resident of VillageChattar Gach,P.S. Pahar Katta,Distt.-Kishanganj
2. Maqsud Sah @ Md. Maqsood Alam Son of Late Karman Sah Resident of Village-Chattar Gach,P.S. Pahar Katta,Distt.- Kishanganj
3. Mahboob Sah @ Md. Mahboob Sah Son of Late Farman Sah Resident of Village-Chattar Gach,P.S. Pahar Katta,Distt.- Kishanganj
4. Israfil @ Israfil Ansari Sonof Muklu Ansari Resident of VillageChattar Gach,P.S. Pahar Katta,Distt.-Kishanganj
5. Rav Bosak Son of Arjun Bosak
6. Md. Hasib @ Hasin Alam Son Abdul Hadue 5 to 6Resident of Village-Chattar Gach,P.S. Pahar Katta,Distt.-Kishanganj
7. Nasir @ Nasir Jamal Son of Late Jamin Akhtar Resident of Village-Sat Bolia P.S. Pahar Katta,Distt.-Kihanganj
8. Md. Sabir Naizm @ Md. Sabiir Nazamuddin Son of Sarfuddin Resident of Village-Chhota Johagi ,P.S. Pahar Katta,Distt.- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar For the Opposite Party/s :
Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 323, 341, 307, 353, 325, 427, 337, 338 of the Indian Penal Code.
The prosecution case, in brief, is that accused persons restrained the informant from discharging official duty, entered
Patna High Court Cr.Misc. No.66402 of 2018(2) dt.17-12-2018 2/3 police camp and damaged it and also destroyed govt. vehicles and with intention to kill police officers, caused grievous injury. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in the present case. Altogether 45 persons are named in the FIR. No specific overt act is attributed to the petitioners. The other coaccused persons with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 31-08-2018 passed in Cr. Misc. No. 47992 of 2018. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Pahar Katta P.S.
Patna High Court Cr.Misc. No.66402 of 2018(2) dt.17-12-2018 3/3 Case No. 12 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T