Md. Shabban @ Shabban And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52994 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================

1. Md. Shabban @ Shabban, S/o Md. Maqbool,

2. Md. Gulab, S/o Late Mazid Khan,

3. Md. Alamgir, S/o Zafar Ali, All are resident of Village- Alinagar, Ward No.1, P.S.- L.N.M.U., District- Darbhanga.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Md. Shahnawaz Ali, Advocate. For the Opposite Party : Smt. Anita Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3 16-11-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend their arrest in L.N.M.U.P.S.Case No.119 of 2017 for the offences under Sections 341, 323, 324, 307, 385, 504/34 of the I.P.C.

Counsel for the petitioners has submitted that there is allegation that petitioner no.2 pointed out pistol on the chest of the informant and petitioner no.3 gave a iron rod blow on him causing injury on his head.

Petitioner no.1assaulted the informant

Patna High Court Cr.Misc. No.52994 of 2017 (3) dt.16-11-2017 2/3 indiscriminately with stick. But the Annexure-2 shows that all injuries are said to be simple in nature caused by hard and blunt substance. There is case and counter case in between the parties. Petitioner no.2 had earlier filed a criminal case bearing L.N.M.U. P.S. Case No.107/17 which shows animosity between the parties. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of C.J.M., Darbhanga, in L.N.M.U. P.S. Case No.

119/17 subject to the conditions as laid down under Section 438 (2) of Cr.P.C.

Patna High Court Cr.Misc. No.52994 of 2017 (3) dt.16-11-2017 3/3 petitioners and (3) if petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

AnilKrSinha/- (Sanjay Priya, J) U T