Md. Shabbir Khan @ Sabbu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68221 of 2021 Arising Out of PS. Case No.-428 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

MD. SHABBIR KHAN @ SABBU KHAN S/o Lat Kalam Khan R/o Mohalla Badi Dargah, Sakunt, Ward No.12, P.S. and District- Sheikhpura 2.

Gohiya Munna S/o Safeeq Miyan R/o Mohalla Badi Dargah, Sakunt, Ward No.12, P.S. and District- Sheikhpura 3.

Md. Saheb Khan S/o Late Zakir Khan R/o Mohalla Badi Dargah, Sakunt, Ward No.12, P.S. and District- Sheikhpura 4.

Md. Nasim S/o Fudan R/o Mohalla Badi Dargah, Sakunt, Ward No.12, P.S. and District- Sheikhpura 5.

Md. Ashraf S/o Fudan R/o Mohalla Badi Dargah, Sakunt, Ward No.12, P.S. and District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-06-2022 The learned counsel for the petitioners are directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Sheikhpura P.S. Case No. 428/2021, for the offences under Sections 341, 323, 337, 338, 447, 354, 307, 506, 504, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.68221 of 2021(2) dt.02-06-2022 2/3 As per allegation, co-accused Md. Sabbu Khan misbehaved with the informant and thereafter the named accused persons and 8 to 10 unknown persons badly assaulted the members of the informant's side. The specific allegation against co-accused Sabbu Khan is that he assaulted the informant with iron rod, the petitioner no. 3 assaulted her husband with iron rod and petitioner no. 2 assaulted Md. Niyaz with iron rod.

Learned counsel for the petitioners have submitted that there is previous dispute between both the parties. There is case and counter case and petitioners side have sustained firearm injuries. In counter case, co-accused Md. Meraj and Md. Niyaz have been granted anticipatory bail in Cr. Misc. No. 65101/2021. He has also submitted that in present case all the injuries sustained by the informant Md. Meraz and Md. Niyaz are simple in nature. Petitioners are persons of clean antecedent. Considering the above mentioned facts and circumstances, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Learned C.J.M., Sheikhpura, in connection with

Patna High Court CR. MISC. No.68221 of 2021(2) dt.02-06-2022 3/3 Sheikhpura P.S. Case No. 428 /2021, subject to condition as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Ranjeet/- U T