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Patna High CourtCR. MISC./42752/2017allowed

Sheikh Abdullah And ORS v. The State Of Bihar

2017-11-01Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.42752 of 2017 (3) dt.01-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42752 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sheikh Abdullah son of Late Sheikh Munshi

2. Sheikh Shamsul son of Late Sheikh Rashid

3. Sheikh Abdul Hai son of Late Sheikh Rashid

4. Sheikh Nanhak @ Sheikh son of Late Sheikh Rashid

5. Sheikh Durshid son of Late Sheikh Rashid

6. Sheikh Firoz son of Sheikh Abdul Hai

7. Sheikh Samir son of Sheikh Manir All are Residents of Village- Jhumka, Police Station- Sikta, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sikta Police Station Case No. 105 of 2017, disclosing offences under Sections 147, 148, 149, 452, 323, 324, 354, 379 and 308 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have not committed any offence. There is general and omnibus allegation against the petitioners. Though there is allegation of assault by Farsa on the

Patna High Court Cr.Misc. No.42752 of 2017 (3) dt.01-11-2017 head of the informant against petitioner No.3 but no injury has been caused by a sharp cutting weapon. In fact, altercation took place between the parties and both of them have been injured for which case and counter case has been lodged by both the parties. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-3rd, Bettiah, West Champaran in connection with Sikta Police Station Case No. 105 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J.) brajesh/- U T