Sheikh Zikurullah @ Sheikh Zakirullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47477 of 2019 Arising Out of PS. Case No.-87 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== SHEIKH ZIKURULLAH @ SHEIKH ZAKIRULLAH Son of Sheikh Atiullah Resident of Village - Bairiya Sheikh, Toli, P.S.- Bairiya, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bairiya Police Station Case No. 87 of 2018, disclosing offences under Sections 147/148/149/323/307/354/504/506/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, along with other co-accused persons, assaulted the family members of the informant with traditional weapon, like lathi, farsa, iron-rod and further some of the accused persons tried to outrage the modesty of the daughter of the informant. Learned Counsel for the petitioner submits that the petitioner is innocent and no specific allegation has been

Patna High Court CR. MISC. No.47477 of 2019(2) dt.30-07-2019 2/3 levelled against him in the First Information Report. He further submits that altogether 15 persons have been named in the First Information Report due to old enmity and land dispute and the parties are next door neighbours. He further submits that no overt act has been alleged against the petitioner in the entire First Information Report and similarly situated co-accused persons have been granted anticipatory bail by this Court by order, dated 17.09.2018, passed in Criminal Misc. No. 48099 of 2018.

After having heard learned Counsel for the parties and taking into consideration the fact that no specific allegation has been levelled against the petitioner and similarly situated co-accused persons have been granted anticipatory bail, this application is allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bairiya Police Station Case No. 87 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.47477 of 2019(2) dt.30-07-2019 3/3 This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √