Ali Asgar @ Sheikh Ali Asgar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28029 of 2021 Arising Out of PS. Case No.-746 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Badrul Hassan S/O Late Sheik Samsuddin Resident Of Village Bhogadi, P.SMajhaulia, District-West Champaran. 2.

Kamrul Hassan S/O Late Sheikh Samsuddin Resident Of Village Bhogadi, P.S-Majhaulia, District-West Champaran.

3.

Sheikh Saral S/O Kamarul Hassan Resident Of Village Bhogadi, P.SMajhaulia, District-West Champaran. 4.

Sheikh Merajuddin @ Bullet S/O Kamarul Hassan Resident Of Village Bhogadi, P.S-Majhaulia, District-West Champaran. 5.

Tunna @ Neyajuddin S/O Kamrul Hassan Resident Of Village Bhogadi, P.SMajhaulia, District-West Champaran. 6.

Fakiuddin S/O Badrul Hassan Resident Of Village Bhogadi, P.S-Majhaulia, District-West Champaran.

7.

Haider Ali S/O Asrarul Haque Resident Of Village Bhogadi, P.S-Majhaulia, District-West Champaran.

8.

Jawed Akhtar S/O Sheikh Mohammad Resident Of Village Bhogadi, P.SMajhaulia, District-West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR For the Petitioners/- Mr.Yogesh Chandra Verma Mr.Umesh Chandra Verma For the Informant/s-- Mr. Bimlesh Kumar Pandey For the State. Mr. A.P.P Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2022 Heard the learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners seeks permission to withdraw the application of petitioner

Patna High Court CR. MISC. No.28029 of 2021(8) dt.28-02-2022 2/3 no.6 namely, Fakiuddin and petitioner no. 7 namely, Haider Ali.

Bail prayer of petitioner no. 6 and 7 is dismissed as withdrawn.

Petitioners are apprehending their arrest in a case registered in connection with Majhaulia P.S.Case No. 746 of 2020 for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 337, 338, 307, 427, 504, 506 of the Indian Penal Code and section 27 of the Arms Act.

As per prosecution, dirty water logging from the house of the informant at the door of the petitioners, which was objected by the petitioners and a scuffle took place between informant and the petitioners.

Learned counsel for the petitioner submits that there is no specific overt act have been attributed against these petitioners. The specific allegation of assault and firing is against Fakiuddin and Haider Ali. There is case and counter case between the parties and both the parties have sustained injuries.

Patna High Court CR. MISC. No.28029 of 2021(8) dt.28-02-2022 3/3 Learned Additional Public Prosecutor as well as learned counsel for the informant opposed the bail prayer of the petitioners.

Considering the facts and circumstance of the case as well as submission of the parties, let the petitioners in the event of their 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran in connection with Majhaulia P.S Case No. 746 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C (Sunil Kumar Panwar, J) N.K/- U T