Patna High CourtCR. MISC./11884/2016disposed

Md. Ibadat @ Md. Aibadat @ Md. Aibadat Ali And ORS v. The State Of Bihar

2016-03-16Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11884 of 2016 Arising Out of PS.Case No. -377 Year- 2015 Thana -SUPAUL District- SUPAUL ======================================================

1. Md. Ibadat @ Md. Aibadat @ Md. Aibadat Ali son of Late Md. Ali

2. Md. Gyasuddin son of Md. Ibadat @ Md. Aibadat @ Md. Aibatat Ali

3. Md. Salim son of Nishar Ali All R/o Village- Basbatti, Tola- Malikana, P.S. and District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Jha For the Opposite Party/s : Mr. Bharat Lal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners, informant and the State.

In this case, petitioners are seeking anticipatory bail in connection with Supaul P.S. Case No. 377 of 2015 registered for offences under sections 147, 148, 149, 323, 324, 307, 504/34 of the Indian Penal Code.

It is a case of free fight from both sides. Both sides have lodged the case and counter case.

Sarfuddin made his statement in the D.M.C.H, and especially made allegation against petitioner no. 1 and petitioner no. 3 to have used sharp weapons and caused injury on his head. Looking to the fact and circumstances of the case, the

Patna High Court Cr.Misc. No.11884 of 2016 (2) dt.16-03-2016 2/2 prayer for bail of petitioner Nos. 1 and 3 are rejected. As there is no allegation against petitioner no. 2, in the event of arrest or surrender before the court below within four weeks from the date of communication of this order, let the petitioners no. 2, namely, Md. Gyasuddin, be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 377 of 2015, subject to the condition as laid down under Section 438 (2) Cr. P.C.

(Shivaji Pandey, J) Mahesh/- U T