Patna High CourtCR. MISC./11133/2018rejected

Sk. Matloob @ Md. Matlub And ANR v. The State Of Bihar

2018-02-26Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11133 of 2018 Arising Out of PS.Case No. -73 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sk. Matloob @ Md. Matlub, Son of Late Sk. Khalil @ Late Md. Khalil,

2. Sk. Tulai @ Sk. Faiyaj Alam @ Tulai @ Faiyaj, Son of Sk. AbdulBadari Dhobi, Both are resident of Village- Kadamawa, P.S.- Gopalpur, DistrictWest Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-02-2018 Heard learned counsel for the petitioners and learned A.P.P.

Petitioners seek anticipatory bail in Majhaulia P.S.Case No.73 of 2017 instituted under Sections 302, 120(B)/34 of the I.P.C.

Accusation is that while the informant Sk. Enamul along with his brother Sk.Anwarul was returning to his house from the market, in the way Sk. Bolar and Sk. Matlub (petitioner no.2) ordered to kill them, on which the informant and his brother started to flee away but the accused persons opened fire one of which hit the back of the informant's brother Sk. Anwarul and he

Patna High Court Cr.Misc. No.11133 of 2018 (2) dt.26-02-2018 2/2 fell down and accused Buchai, Sk.Tulai, Sk. Kari and three others caught hold Anwarul brother of the informant, and co-accused Sk. Buchai fired on Anwarul causing injury on his head. Sk.Tulai (petitioner no.2) also fired on the informant but the same did not hit him.

Learned counsel for the petitioners submits that while it is alleged in the F.I.R. that petitioner no.1 Md. Matloob and Sk. Tulai fired through pistol causing injury on the back of the Sk. Anwarul, deceased brother. In fact, petitioner no.1 was at Arunachal Pradesh on the date of occurrence in order to execute sale deed before the Judicial Magistrate. He further submits that while Sk. Tulai caught hold the deceased no specific overt act appears against the petitioners.

Having considered the aforesaid facts and circumstances I am not inclined to grant anticipatory bail to the petitioner. The prayer for bail is rejected.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U