Hafiz Kalam @ Md. Abul Kalam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55066 of 2017 Arising Out of PS.Case No. -233 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Hafiz Kalam @ Md. Abul Kalam.

2. Imamuddin @ Md. Imam Ahsan Both sons of Late Sheikh Sattar.

3. Lal Babu son of Late Bhikhari @ Sheikh Bhikhari All are residents of village - Siswa, Police Station - Banjariya, District - East Champaran.

4. Ataullah son of Md. Nurullah Resident of village - Mahmadi, Police Station - Patahi, District - East Champaran.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Zeyaul Hoda, Advocate. For the Opposite Party : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-11-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend their arrest in Turkauliya (Banjaria) P.S. Case No.233 of 2017 for the offence under Sections 341, 323, 307, 504, 506, 120(B) of the I.P.C. and Section 27 of the Arms Act.

As per written report there is allegation against the petitioners that while the informant was returning from Motihari to his village two unknown persons on motorcycle were standing there from before. The pillion driver of that motorcycle opened fire on the informant but he did not sustain any injury.

Patna High Court Cr.Misc. No.55066 of 2017 (2) dt.17-11-2017 2/3 Counsel for the petitioner has submitted that the petitioners have been falsely implicated by the informant merely on account of family dispute. There is admitted civil dispute between the parties which is still pending. There is general and omnibus allegation against the petitioners. The informant has himself mentioned in the written report that there is previous land dispute between the parties and he sustained injuries. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.

10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Motihari, (East Champaran, in Tirkauliya (Banjaria) P.S. Case No.233/17 subject to the conditions as laid down under Section 438 (2) of Cr.P.C.

Patna High Court Cr.Misc. No.55066 of 2017 (2) dt.17-11-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) AnilKrSinha/- U T