Moharram Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39204 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== 1.
MOHARRAM GADDI, son of Late Ansari Gaddi Resident of VillageThathwa, P.S.- Shikarpur, Distt.-West Champaran 2.
MUSTAQUE GADDI, VILLAGE THATHWA P.S. SHIKARPUR DISTRICT WEST CHAMPARAN 3.
ILIYAS GADDI @ ALIYAS GADDI, VILLAGE THATHWA P.S. SHIKARPUR DISTRICT WEST CHAMPARAN 4.
KAMRULLAH GADDI @ KARMULLAH GADDI , VILLAGE THATHWA P.S. SHIKARPUR DISTRICT WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-07-2021 Heard Mr. Bimlesh Kumar Pandey, the learned counsel for the petitioners and Mr. Navin Kumar Pandey, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Shikarpur P. S. Case No. 56 of 2020, dated 05.02.2020, instituted for the offences under Sections 147, 149, 341, 323, 324, 325, 307, 354, 379, 427, 435 and 504 of the Indian Penal Code. The accusation against the petitioners is general
Patna High Court CR. MISC. No.39204 of 2020(3) dt.07-07-2021 2/3 and omnibus.
It has been urged on their behalf that the members of the prosecution party are very influential persons and with an intention to grab land of the petitioners, the present case has been lodged. There is a counter version of the occurrence lodged by petitioner no. 2. That case was lodged in the Surgical Ward of MJK Hospital on 04.01.2020 against the informant and five (5) others.
On 01.06.2021, when this matter was heard, case-diary was called for and the petitioners were given provisional bail.
The injuries suffered by the members of the prosecution side are all stated to be simple in nature and caused by hard and blunt substance.
Regard being had to the background facts and further taking into account that injuries are superficial and that there is no explanation of the injuries on the side of the accused persons of this case, the provisional
Patna High Court CR. MISC. No.39204 of 2020(3) dt.07-07-2021 3/3 anticipatory bail granted to the petitioners are, hereby, confirmed.
The petition stands allowed.
The petitioners shall remain on the same bailbonds. (Ashutosh Kumar, J) skm/- U T