Md. Bablu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26793 of 2016 Arising Out of PS.Case No. -84 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================
1. Md. Bablu Son of Md. Amjad
2. Md. Sirajul Son of Md. Suleman
3. Md. Jamo Ansari Son of Md. Hamid Ansari
4. Md. Amjad Son of Late Md. Atul
5. Md. Ishtiyak Son of Md. Salim
6. Md. Sonu Son of Md. Ghattu
7. Sheikh Samsher Son of Sheikh Chulhai
8. Sheikh Miru Son of Md. Mofil
9. Md. Mofil Son of Md. Sakur
10. Sheikh Asgar Son of Sheikh Chulhai
11. Md. Najir Son of Late Ekramul All resident of village - Sundarpur, Police Station Pirpainti, District - Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Pirpainty P. S. Case No. 84 of 2015 registered for the offences under Sections 147, 149, 341, 323, 324, 308 and 436 of the Indian Penal Code.
There is a case and counter case. The dispute took place in connection with uprooting the hand pump whereupon the dispute arose. The Panchayati was organized whereupon
Patna High Court Cr.Misc. No.26793 of 2016 (2) dt.01-07-2016 2/2 one Bablu gave a slap then Sarpanch went away whereupon Sheikh Samsher came with sword and assaulted with sword to the informant's hand due to which he became injured and all the accused persons assaulted the informant. There is no specific allegation against petitioners except the petitioner No. 7 namely Sheikh Samsher.
Looking to the facts and circumstances of the case, let the petitioner nos. 1, 2, 3, 4, 5, 6, 8, 9, 10 and 11, named above, in the event of their arrest or surrender within four weeks from today be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bhagalpur in connection with Pirpainty P.S. Case No. 84 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
So far as the bail application for petitioner No. 7 is concerned, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected (Shivaji Pandey, J) ajaypd./- U T