Md. Sohail @ Sohail And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14982 of 2017 Arising Out of PS.Case No. -228 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Md. Sohail @ Sohail.

2. Md. Maqsud @ Md. Maqsud Alam.

Both are sons of Musa Sardar.

All are Resident of Village- Alapur, P.S. & District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Irshad, Advocate. For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Lakhisarai P.S. Case No. 228 of 2016, G.R. No. 591 of 2016 instituted for the offence under Sections 147, 148, 149, 323, 325, 307 and 504 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is general and omnibus allegation against the petitioners. From the injury report of Md. Nehal, father of the informant, available with the case diary, it appears that with regard to injury Nos.1, 2 and 3, opinion was kept reserved and from the Discharge Ticket of Md. Nehal, father of the informant,

Patna High Court Cr.Misc. No.14982 of 2017 (3) dt.01-05-2017 2/3 it appears that father of the informant was admitted on 03.05.2016 and was discharged on the same day.

It is mentioned in the written report that occurrence took place on account of Panchayat Election. There is case and counter case between the parties. Other co-accused have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 6.3.2017 passed in Cr. Misc. 46589 of 2016. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Lakhisarai P.S. Case No. 228 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under Section 438 (2) Cr. P.

C.

Patna High Court Cr.Misc. No.14982 of 2017 (3) dt.01-05-2017 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T