Babar Gaddi @ Babar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12465 of 2021 Arising Out of PS. Case No.-395 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== 1.

BABAR GADDI @ BABAR ALAM Son of Taj Mohammad Gaddi Resident of Village - Bhatwaliya, P.S.- Bairiya, District - West Champaran. 2.

Salauddin Gaddi Son of Raghubir Gaddi Resident of Village - Bhatwaliya, P.S.- Bairiya, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachida Nand Rai, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 324, 307, 337, 504 and 506 of the Indian Penal Code. Petitioner Babar Gaddi allegedly caused injury at the head. The doctor has found simple injury.

Since the petitioner Babar Gaddi had knowledge that his act might cause death, I am not inclined to enlarge him on

Patna High Court CR. MISC. No.12465 of 2021(2) dt.16-11-2021 2/3 anticipatory bail in connection with Bairiya P.S. Case No. 395 of 2020.

His prayer for anticipatory bail is refused. He is directed to surrender within two weeks and pray for regular bail. Petitioner Salauddin Gaddi allegedly caused injury by pelting brick. Considering nature of allegation against him, he is directed to be released on anticipatory bail, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Bairiya P.S. Case No.

395 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions: (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below (c) The petitioner shall not leave the country without permission of the trial Court.

Patna High Court CR. MISC. No.12465 of 2021(2) dt.16-11-2021 3/3 Accordingly, this application stands disposed of. (Birendra Kumar, J) mantreshwar/- U T