Salman @ Langra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43828 of 2018 Arising Out of PS.Case No. -82 Year- 2018 Thana -SIWAN CITY District- SIWAN ======================================================

1. Salman @ Langra, Son of Lalbabu Mian,

2. Aftab, Son of Nazir Mian,

3. Sonu @ Lulaha, Son of Asgar Mian, All are residents of VillageMakhdoom Sarai (Miskar Toli), Police Station- Siwan Town, DistrictSiwan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners have been in custody since 06.03.2018 in connection with Siwan Town (Sarai O.P.) P.S. Case No. 82 of 2018 registered for the offences punishable under Sections 447/324/326/307/504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the allegations against the petitioner no.1 is that he had fired, though the same had not hit anyone and petitioner no.2 had fired at the leg of the informant which has caused grievous injury whereas the petitioner no.3 has not been named in the First Information Report, the present petitioners had no intention of killing and there

Patna High Court Cr.Misc. No.43828 of 2018 (3) dt.09-08-2018 2/3 was no intervening circumstances to prevent the same and yet they have been in custody since almost six months. It is further submitted that these petitioners are ready to abide by the terms and conditions of this court and shall co-operate in the trial. Considering the aforementioned facts and circumstances and that though the petitioners are having criminal antecedents, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Siwan Town (Sarai O.P.) P.S. Case No. 82 of 2018. subject to the following conditions:-

(1) The father of each of the petitioners shall be the bailors.

(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.

(3) The petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioners shall co-operate with the investigation, if not already concluded, and make themselves

Patna High Court Cr.Misc. No.43828 of 2018 (3) dt.09-08-2018 3/3 available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T