Md. Quamruddin And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18203 of 2018 Arising Out of PS.Case No. -105 Year- 2016 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Md. Quamruddin,
2. Md. Shamsuddin, BothSons of Late Hasin Akhtar,
3. Md. Sarfaz Alam, Son of Md. Shamsuddin, All are resident of VillageLahsaniya, P.S.- Patahi, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Patahi P.S. Case No. 105 of 2016 instituted for the offence under Sections 147, 149, 420, 467, 468, 323, 307, 341, 447, 380, 452 and 504 of the Indian Penal Code.
It has been submitted that earlier petitioner No. 1 has filed Patahi P.S. Case No. 84 of 2016 against the informant and others and just as counter blast, the instant case has been filed. In the instant case it is alleged that petitioners arrived at the door of the informant and started abusing him. They also
Patna High Court Cr.Misc. No.18203 of 2018 (2) dt.02-04-2018 2/3 assaulted the informant with fists and slaps. Co-accused Akil Anwar snatched cash of Rs.6,200/- from the pocket of the informant. Another co-accused also took away cash and ornaments of the informant. In this manner, from the written report itself it appears that there is general and omnibus allegation against these petitioners.
Considering the facts and circumstances of the case, 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 Patahi P.S. Case No. 105 of 2016, 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 learned Additional Chief Judicial Magistrate, 8th, Motihari, East Champaran, subject to the conditions as laid down under Section 438 (2) 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case,
Patna High Court Cr.Misc. No.18203 of 2018 (2) dt.02-04-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T