Patna High CourtCR. MISC./40066/2018bail granted

Sekh Bollar @ Sk. Bolar v. The State Of Bihar

2018-07-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40066 of 2018 Arising Out of PS.Case No. -73 Year- 2017 Thana - MAJHAULIA District- WEST CHAMPARAN (BETTIAH) ===================================== Sekh Bollar @ Sk. Bolar, Son of Late Ali Hassan, resident of Village- Kadamwa, Police Station-Gopalpur, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Ram Adya Singh, Adv. For the Opposite Party/s:Mr. Anand Kishore Choudhary, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-07-2018 This application for grant of regular bail arises out of Majhauliya P.S. Case No. 73 of 2017, dated 08.03.2017, instituted for the offences under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

While the informant and his brother were coming back from Sariswa Bazar, the petitioner and one Sk. Matlub first confronted them and then both of them fired, leading to one injury on the person of one Sk. Anwarul on his back. Thereafter, the informant and his

Patna High Court Cr.Misc. No.40066 of 2018 (2) dt.10-07-2018 2/2 brother were surrounded by other accused persons also and on the orders of one Sk. Kari, Sk. Buchai fired, leading to the death of Sk. Anwarul (brother of the informant). Learned counsel appearing for the petitioner has submitted that the petitioner along with one Sk. Matlub are alleged to have fired from their weapons, but the deceased has only one injury on his back. Taking this into account, a Bench of this Court has granted bail to Md. Matlub. The cause of death of the deceased is because of the firing resorted by Sk. Buchai and not the petitioner. It has also been submitted that there is a property dispute between the parties and the petitioner happens to be a cousin of the deceased as well as the informant. The petitioner is in custody since 03.01.2018.

Considering the aforesaid facts, the petitioner, above named, is directed to be released on bail on his furnishing bail-bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah (West Champaran) in connection with Majhauliya P.S. Case No. 73 of 2017.

(Ashutosh Kumar, J) Praveen-II/- U T