Patna High Court - Orders
Sahimuddin & Ors. vs The State Of Bihar on 30 August, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26218 of 2011
1.Paishkar, Son of Mumtaz Ali.
2.Razzak, Son of Sahimuddin.
3.Abbas, Son of Sahimuddin.
4.Shabbir, Son of Sahimuddin.
5.Afsar, Son of Mumtaz Ali.
6.Ajabul, Son of Sahimuddin.
7.Usman, Son of Sahimuddin.
8.Rokiya, Son of Sahimuddin.
9.Tabzul, Son of Sahimuddin.
10.Zkir, Son of Ataul.
All are resident of Village Deoria, Tola Barighat, P.S. Araria, District
Araria.
---------- Petitioners
Versus
The State Of Bihar.
-------- Opposite Party
With
Criminal Miscellaneous No.28599 of 2011
1.Sahimuddin, Son of Noor Mohammad.
2.Ainul Haque, Son of Mumtaz Ali.
3.Kalu, Son of Ainul.
All are resident of Village Deoria, Tola Barighat, P.S. Araria, District
Araria.
---------- Petitioners
Versus
The State Of Bihar.
-------- Opposite Party
-----------------
02/- 30/08/2011 Since both these applications arising out of one case are taken up together and being disposed of by this composite order.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
All the thirteen petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 147/148/149/341/323/324/307/504/506 of the Indian 2 Penal Code, are named accused in this case with allegation of assault caused to the informant in a petty land dispute.
After some argument, learned counsel for the petitioners seeks permission to withdraw the application with respect to three petitioners of Cr. Misc. No. 28599 of 2011 with a liberty to surrender before the court below within a fortnight and seek regular bail, where their prayer shall be considered on its own merit, without being prejudiced of instant withdrawal.
Permission is granted.
Accordingly, the application with respect to three petitioners, namely, Sahimuddin, Ainul Haque and Kalu, in connection with Araria P.S. Case No. 507 of 2010, pending in the court of Chief Judicial Magistrate, Araria, stands disposed of as withdrawn.
As far as petitioners of Cr. Misc. No. 26218 of 2011 are concerned, submission is that there is counter version also by virtue of Araria P.S. Case No. 508 of 2010. Moreover, these ten petitioners carry general and omnibus allegations.
Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named ten petitioners (of Cr. Misc. No. 26218 of 2011) be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 507 of 2010, subject to condition laid down under Section 438(2) of the 3 Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
Praveen/- ( Akhilesh Chandra, J.)