Patna High CourtCR. MISC./15733/2023dismissed

Md. Sajid @ She Dulare @ Sheikh Dulare @ Md. Dulare v. The State Of Bihar

2023-05-23Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15733 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== MD. SAJID @ SHE DULARE @ SHEIKH DULARE @ MD. DULARE S/O LATE NEK MOHAMMAD R/O VILLAGE -PATAHI, PS -BAIRGANIA, DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant as also the learned APP for the State. The petitioner apprehends his arrest in connection with Bairgania P.S. Case No. 233 of 2022 instituted under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code lodged on 11.08.2022 by the informant Ajmeri. As per the prosecution story, on 09.08.2022 at 7.00 PM while the husband of the informant was returning his house, on the way, petitioner and other co-accused persons variously armed intercepted and assaulted by means of lathi, Farsa, sword and on the order of Sheikh Dulare Sarfaraj dragged him and accused Saddam took out cash Rs. 20,000/- from his pocket and Taufic snatched golden chain from his neck. Accused Abid Reja inflicted Farsa blow upon head of her

Patna High Court CR. MISC. No.15733 of 2023(2) dt.23-05-2023 2/2 husband. Accordingly the FIR.

Learned counsel for the petitioner submits that omnibus allegation is there against the petitioner herein. Per contra, learned counsel for the informant submits that not only the petitioner gave order he was amongst the person who assaulted the victim who remained for next three weeks. The further submission is that he has criminal antecedent inasmuch criminal cases are lodged against him. Considering the aforesaid facts, this is not a fit case for anticipatory bail, accordingly the anticipatory bail application stands rejected.

(Rajiv Roy, J) Prakash Narayan / Sunil U T