Md. Safique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86763 of 2019 Arising Out of PS. Case No.-250 Year-2019 Thana- DHAMDAHA District- Purnia ====================================================== 1.

Md. Safique, (M) age about 60 years, Son of Md Bhola Resident of Village - Latambari, P.S.- Bhawanipur, District - Purnea 2.

Md Shamruddin @ Sadruddin, (M) age about 55 years, Son of Md Bhola Resident of Village - Latambari, P.S.- Bhawanipur, District - Purnea 3.

Md Azad @ Aalmin, (M), age about 45 years, Son of Md Shafique Resident of Village - Latambari, P.S.- Bhawanipur, District - Purnea 4.

Md Imdani, (M), age about 42 years, Son of Md Shafique Resident of Village - Latambari, P.S.- Bhawanipur, District - Purnea 5.

Md Nasar, (M) age about 39 years, Son of Md Shafique Resident of Village - Latambari, P.S.- Bhawanipur, District - Purnea ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Mallick For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-02-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Dhamdaha P. S. Case No.250 of 2019 registered for the offences punishable under Sections 307, 379, 120(B)/ 34 of the I.P.C. and Section 27 of the Arms Act.

3. Admittedly, the petitioners are not named in the first information report and after fifteen days of the alleged occurrence, the injured named the petitioners.

Patna High Court CR. MISC. No.86763 of 2019(2) dt.14-02-2020 2/2

4. The informant has claimed in his written report that twelve persons came on four different motorcycles and out of the aforesaid twelve persons, he identified eight persons whereas he could not identify four other persons.

5. Admittedly, the petitioners are family members of other F.I.R. named accused persons.

6. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall 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 learned Chief Judicial Magistrate, Purnia in connection with Dhamdaha P. S. Case No.250 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash U T