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Patna High CourtCR. MISC./84578/2019bail granted

Md. Idrish v. The State Of Bihar

2019-12-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84578 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- BABUBARHI District- Madhubani ====================================================== 1.

MD. IDRISH Son of Abdur Rahman Resident of Village- Basharu, P.S.- Babubarhi, District- Madhubani.

2.

Md. Sham @ Md. Salam Son of Md. Dukhi Resident of Village- Basharu, P.S.- Babubarhi, District- Madhubani.

3.

Md. Dukhi Son of Jainuddin Resident of Village- Basharu, P.S.- Babubarhi, District- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2019 . Heard learned Counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in Babubarhi PS Case No. 153 of 2019 registered under Sections 341, 323, 325, 379, 354, 427, 504 and 307 of the IPC.

It is submitted that having clean antecedent petitioners have falsely been implicated in this case. Informant side were aggressors for which counter version has been lodged under Babubarhi PS Case No. 154 of 2019. There is no specific allegation of assault against either of the three persons and the allegation of snatching Rs. 21,000/- against petitioner no. 1 is just super addition to make the offence look grave. Considering the aforesaid submissions prayer for anticipatory bail of the petitioners is allowed. In the event of arrest or surrender before the court

Patna High Court CR. MISC. No.84578 of 2019(2) dt.19-12-2019 2/2 below within four weeks from today, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM 3rd Madhubani in Babubarhi PS Case No. 153 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T