Md. Nurullah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29061 of 2016 Arising Out of PS.Case No. -567 Year- 2013 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Nurullah son of Late Sheikh Sharfuddin

2. Md. Irfanullah @ Kubra @ Irfanullah son of Sheikh Obaidullah

3. Abdul Faiz @ Faiz Ahmad son of Late Jainuddin

4. Shahid Ali son of Sheikh Anwar All are residents of Mokhlishpur, P.S. Banjaria, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The four petitioners of the present case apprehending their arrest in connection with Turkaulia (Banjaria) P.S. Case No.567 of 2013 registered under Sections 364, 302 and 201/34 of the Indian Penal Code seek pre-arrest bail.

It is submitted by the learned counsel for the petitioners that the petitioners were neither named in the FIR nor were sent up for trial by the police. While submitting report under Section 173(2) of the Code of Criminal Procedure (for short 'CrPC), it was petitioner no.2 Md. Irfanullah @ Kubra @ Irfanullah alone against whom the investigation was made and in his case too final form was submitted by the police and the report was accepted by the

Patna High Court Cr.Misc. No.29061 of 2016 (2) dt.28-07-2016 2/2 Magistrate concerned. In course of trial of other accused persons, who were sent up for trial, after examination of nine witnesses, a prayer was made by the prosecution to summon the petitioners, as additional accused under Section 319 of the CrPC. The said prayer of the prosecution was allowed by the trial court. Learned counsel for the State does not dispute the aforesaid submissions made by the learned counsel for the petitioners.

Regard being had to be facts and circumstances of the case, in the event of arrest or surrender in the court below within three weeks from today, the petitioners, namely, Md.Nurullah, Md. Irfanullah @ Kubra @ Irfanullah, Abdul Faiz @ Faiz Ahmad and Shahid Ali are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, XII, East Champaran, Motihari in connection with Turkaulia (Banjaria) P.S.Case No. 567 of 2013 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T