Abdul Jabbar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72576 of 2018 Arising Out of PS. Case No.-269 Year-2018 Thana- PURNEA SADAR District- Purnia ======================================================

1. Abdul Jabbar S/o Late Abu Bakar Ali @ Late Abu Bakar,

2. Nazir Hussain, S/o Late Abu Bakar Ali @ Late Abu Bakar,

3. Md. Lalu @ Habibur Rehman, S/o Nazir Hussain,

4. Md. Zahir @ Sahabuddin, S/o Nazir Hussain,

5. Yusuf Ali, S/o Late Abu Bakar Ali @ Late Abu Bakar,

6. Md. Subhan Ali @ Abdul Subhan, Yusuf Ali,

7. Noor Islam, S/o Late Abu Bakar Ali @ Late Abu Bakar.

8. Md. Umar Ali, S/o Noor Islam,

9. Md. Mesar Ali, S/o Noor Islam, All 1 to 9 are resident of Village- Rani Bari, Maharajpur, P.S. Muffasil (Sadar), DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anshuman Jaipuriyar, Adv.

For the State :

Mr. Dinesh Singh, APP For the Informant :

Mr. Amit Kumar Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 307, 379, 504, 506 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant's brother and nephew by means of deadly weapons, due to which they sustained injuries. It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.72576 of 2018(2) dt.05-12-2018 2/2 there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Both the sides have been injured in course of occurrence. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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., Purnea in connection with Sadar (Muffasil) P.S. case No.269 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T