Patna High Court - Orders
Lall Mohamad & Ors vs The State Of Bihar on 3 April, 2015
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37893 of 2014
Arising Out of PS.Case No. -2 Year- 2014 Thana -ANGADH District- PURNIA
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1. Lall Mohamad S/o Kalimuddin @ Kalu
2. Jamased Son of Kalimuddin @ Kalu
3. Samasul Haque S/o Sabir Ali
4. Saidul Haque S/o Hussain Ali
5. Bahar Ali S/o Khalilur Rahmad All are resident of Sahapur, P.S. -
Kochadhaman, District - Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vijay Kumar,Advocate
For the Opposite Party/s : Mrs. Rita Verma,APP
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 03-04-2015Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 395, 397 and 412 of IPC registered in connection with Angarh P.S. Case No. 02 of 2014.
3. It is submitted that the petitioners have been falsely implicated on mere suspicion and there is no basis to connect them with the alleged offence. The FIR is against unknown persons and the petitioners name have been surfaced during the confessional statement of one Moajjam Ali, but nothing incriminating have been recovered from their Patna High Court Cr.Misc. No.37893 of 2014 (2) dt.03-04-2015 2 possession.
4. 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, Purnea, in connection with Angarh P.S. Case No. 02 of 2014 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:
(i) The petitioners shall cooperate with the investigation 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.
(ii) The petitioners shall remain physically present as and when required during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.
Chandran (Vikash Jain, J) U T