Sheikh Kadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33767 of 2019 Arising Out of PS. Case No.-403 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== 1.

SHEIKH KADIR Son of Sheikh Shahid Resident of Village- Kunjlahi, P.S.- Nautan, District- West Champaran.

2.

Sheikh Nura @ Sheikh Alam Son of Sheikh Shahid Resident of VillageKunjlahi, P.S.- Nautan, District- West Champaran. 3.

Sheikh Aftab Son of Sheikh Jhingan Resident of Village- Kunjlahi, P.S.- Nautan, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333 and 353 of the Indian Penal Code.

On tip off about trafficking of the cattle by the Bolero, when the informant arrived at the place of occurrence alongwith police force eight accused persons made attack on them.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.33767 of 2019(2) dt.08-08-2019 2/3 petitioners that the petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in the case at the instance of the police. Regarding the same case, police has also lodged Nautan P.S. Case No. 402 of 2018 in which petitioners have been enlarged on anticipatory bail by a co-ordinate Bench of this Court. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Barring aforesaid case lodged by the police, petitioners have no other criminal antecedent. Similarly situated coaccused namely Sk. Aabid, Ibran and Abran have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.03.2019 passed in Cr. Misc. No. 79521 of 2018. Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran, Bettiah in connection with Nautan P.S. Case No. 403 of 2018, subject to the condition as laid down under Section

Patna High Court CR. MISC. No.33767 of 2019(2) dt.08-08-2019 3/3 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T