Md. Abdulla Sadaph @ Md. Abdullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54866 of 2021 Arising Out of PS. Case No.-113 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Md. Abdulla Sadaph @ Md. Abdullah Son Of Sheikh Sagir R/O VillageDaharpur, P.S.- Goradih, Dist.- Bhagalpur 2.

Md. Isha Son Of Sheikh Sagir R/O Village- Daharpur, P.S.- Goradih, Dist.- Bhagalpur 3.

Md. Atulla Son Of Sheikh Sagir R/O Village- Daharpur, P.S.- Goradih, Dist.- Bhagalpur 4.

Md. Khilaphat Son Of Sheikh Sagir R/O Village- Daharpur, P.S.- Goradih, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tarun Prasad Mandal For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 447, 504, 506 of

Patna High Court CR. MISC. No.54866 of 2021(2) dt.08-04-2022 2/3 the Indian Penal Code.

It is alleged against the petitioners that in the background of some land dispute, the petitioners have assaulted the informant and his other family members. The specific accusation of making assault to the informant and other family members is against petitioner No. 1.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 1 namely Md. Abdulla Sadaph @ Md. Abdullah to approach before learned Court below for grant of regular bail.

Permission is accorded.

Accordingly, the petition with respect to petitioner No. 1 is permitted to be withdrawn. It is submitted by learned counsel for the petitioners that specific accusation of making assault is against petitioner No. 1 whose application has been withdrawn. So far as other petitioners are concerned,

Patna High Court CR. MISC. No.54866 of 2021(2) dt.08-04-2022 3/3 there is general and omnibus allegation against all the accused persons. There is counter version of the occurrence also. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, except petitioner No. 1, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour (Goradih) P.S. Case No. 113 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T