Patna High Court - Orders
Md. Afaque @ Afaque Alam @ Cheharu & Ors vs The State Of Bihar on 28 September, 2018
Author: Vikash Jain
Bench: Vikash Jain
Patna High Court Cr.M isc. No.56647 of 2018 (2) dt.28-09-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56647 of 2018
Arising Out of PS.Case No. -436 Year- 2018 Thana -KISHANGANJ District- KISANGANJ
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1. Md. Afaque @ Afaque Alam @ Cheharu Son of Late Md Ajij @ Late
Md. Ajij Ahmad.
2. Noman @ Nonehal @ Nehal Alam Son of Noor Islam.
3. Asif Alam @ Asif Raza Son of Najir Ahmad.
4. Nadir Alam @ Nadir Son of Nawajish.
5. Jahangir Hussain @ Jahangir Alam @ Pappu Son of Najir Ahmad.
6. Najir Ahmed, Son of Late Md. Ajij Ahmad @ Late Md. Ajij.
All are the resident of Village- Saloki, P.S. & District- Kishanganj.
.... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioners : Mr. Dhaneshwar Prasad Gupta, Advocate.
For the Opposite Party : APP
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 28-09-2018Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 506, 354 and 34 of the Indian Penal Code registered in connection with Kishanganj P.S. Case No. 436 of 2018.
3. It is submitted that the petitioners have been falsely implicated and the allegations of assault by lathi, dunda are general and omnibus in nature. No specific injury has been attributed to any of these petitioners. The injury report of the informant's son Patna High Court Cr.M isc. No.56647 of 2018 (2) dt.28-09-2018 belies the allegation of assault by lathi, dunda as the same shows it to be a case of hanging (partial). The petitioners claim clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 436 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) The petitioners shall remain physically present in Patna High Court Cr.M isc. No.56647 of 2018 (2) dt.28-09-2018 Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/-
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