Md. Shaffarullah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.55102 of 2016 (3) dt.31-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55102 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Shaffarullah son of Anwar Mian

2. Nabi Mian Son of Anwar Mian Both resident of Village- Chorma Bangla tola, P.S. - Pakarideyal, District East Champaran.

3. Bijay Das Son of Bhagwat Das Both resident of Village- Chorma Bangla tola, P.S. - Pakarideyal, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Pakarideyal P.S.Case No.81 of 2016 for the offence under Sections 457, 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that they have has been named in the FIR only on the basis of suspicious as there is an enmity from before between the parties. It has also been submitted that during the course of investigation nothing transpires against the petitioners and they have been implicated in this case at the instance of the informant as admittedly there is enmity between the parties.

Patna High Court Cr.Misc. No.55102 of 2016 (3) dt.31-01-2017 Heard learned A.P.P. also, he could not point out any fact about the petitioners showing his complicity in this case. Having heard both sides. In view of the fact that except suspicion there is nothing against the petitioners and enmity is from before, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of 5th A.C.J.M., East Champaran at Motihari in connection with Pakarideyal P.S.Case No.81 of 2016 , subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with conditions that they will co-operate in the investigation of the case and make available themselves as and when required by the police.

(Vinod Kumar Sinha, J) chn/- U