IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23915 of 2008
MD. MAHFOOZ @ MD. MAHFOOZ ALAM & ORS
Versus
STATE OF BIHAR
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2/ 11.07.2008 Heard learned counsel for the petitioners and learned APP
for the state.
Apprehending their arrest in Purnea Sadar P.S. Case No.
411/2007, registered under Sections 147, 148, 149, 323, 324, 307 and
436 of the IPC, the petitioners Md. Mahfooz @ Md. Mahfooz Alam,
Md. Mobin, Md. Hamid, Md. Azam, Md. Allauddin, Md. Zalauddin
Md. Naiyar Alam and Munna @ Md. Ehtashamul Haque, who have
been refused anticipatory bail by the learned Sessions Judge, Purnea,
have filed this petition for anticipatory bail.
Except Sections 307 and 436 of the IPC all other offences
are bailable in this case.
Allegation of setting fire is attributed against one accused
Md. Salauddin who is not petitioner. Petitioner no. 3, Md. Hamid and
petitioner no. 8, Munna @ Md. Ehtashamul Haque are said to be
armed with Fersa and Dabiya respectively. Rest petitioners namely,
Md. Mahfooz @ Md. Mahfooz Alam, Md. Mobin, Md. Azam, Md.
Allauddin, Md. Zalauddin and Md. Naiyar Alam are admitted to
anticipatory bail and in the event of their arrest or surrender in the
court below, they shall be released on anticipatory bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of learned C.J.M., Purnea, in
connection with Purnea Sadar P.S. Case No. 411/2007 subject to the
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conditions as laid down under Section 438(2) of the Cr.P.C. So far
petitioners nos. 3 & 8 namely, Md. Hamid and Munna @ Md.
Ehtashamul Haque are concerned there appears allegation against
them being armed with Fersa and Debiya, their prayer for anticipatory
bail stands rejected. However, their regular bail shall be considered on
merit.
Sanjeet (Subash Chandra Jha, J.)