Kabatulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14337 of 2022 Arising Out of PS. Case No.-430 Year-2021 Thana- BIRPUR District- Supaul ====================================================== 1.

KABATULLA Son of Late Haji Lukman Resident of Village- Lalpur Goth, P.S.- Birpur, District- Supaul.

2.

Abul Kalam @ Abdul Kalam Son of Late Haji Lukman Resident of VillageLalpur Goth, P.S.- Birpur, District- Supaul. 3.

Maniruddin @ Manir Son of Sri Kabatulla Resident of Village- Lalpur Goth, P.S.- Birpur, District- Supaul.

4.

Iftikar Alam @ Iftekhar Alam Son of Sri Kabatulla Resident of VillageLalpur Goth, P.S.- Birpur, District- Supaul. 5.

Mahboob Alam Son of Late Haji Lukman Resident of Village- Lalpur Goth, P.S.- Birpur, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Mrs. Vaishnavi Singh, Advocate :

Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 308 and 504/34 of the Indian Penal Code. It is a case of assault by the accused persons. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is general and omnibus allegation of

Patna High Court CR. MISC. No.14337 of 2022(2) dt.08-09-2022 2/2 assault against the petitioners and specific allegation is against co-accused Md. Ilias and not against these petitioners. From perusal of the injury report which is annexed with the petition vide Annexure-3 to the petition, it appears that the injuries are simple in nature. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Birpur, District- Supaul in connection with Birpur (Balua Bazar) P.S. Case No. 430 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T