High Court Patna High Court - Orders

Nazamul Hoda & Ors. vs The State Of Bihar on 21 September, 2011

Patna High Court – Orders
Nazamul Hoda & Ors. vs The State Of Bihar on 21 September, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.29017 of 2011

                1.Nazamul Hoda, Son of Late Noorain.
                2.Mazimal, Son of Late Noorain.
                3.Amiruool Hassan, Son of Late Alamgir.
                4.Nazirool @ Narimul Hassan, Son of Late Alamgir.
                5.Bala @ S.K.Bala, Son of Kabul Hassan.
                6.Khudi, Son of Late Alim.
                All resident of Village Jhumka, P.S. Sikta, District West Champaran.
                                                                             -------Petitioners
                                                   Versus
                The State Of Bihar
                                                                        -----Opposite Party
                                              -------------------

02/- 21.09.2011 Heard learned counsel for the petitioners, learned

counsel for the informant and learned Additional Public

Prosecutor for the State.

Supplementary affidavit has been filed on behalf of

the petitioners.

All the six petitioners apprehend their arrest in

connection with a case registered for the offence punishable under

Sections 341, 323, 307, 379/34 of the Indian Penal Code and

Section 27 of the Arms Act, are named accused in this case of

simple assault and taking away motorcycle.

Submission is that petitioners carry general and

omnibus allegation and the specific allegation is attributed against

non-petitioners, Jahangir and Sunad. Moreover, the motorcycle

said to have been taken has been recovered during

investigation from the house of informant himself and none of

the petitioners carry any criminal antecedents.

Considering the facts and circumstances of the case, in

the event of the above two submissions regarding recovery of
motorcycle and criminal antecedents found true, in the event of

their arrest/surrender before the court below within four weeks, let

the above named petitioners 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, Bettiah, West Champaran, in connection with Balthar

P.S. Case No. 38 of 2010, subject to condition laid down under

Section 438(2) of the Criminal Procedure Code with additional

condition to remain physically present before the court below on

each and every date at least for one year 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.

( Akhilesh Chandra, J.)
Praveen/-