Khalil Rahman And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32338 of 2018 Arising Out of PS.Case No. -591 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Khalil Rahman, S/o Late Sarfuddin Rahman,

2. Fazrul Rahman @ Md. Fazlur Rahman @ Fazlur Rahman S/o Late Sarfuddin Rahman,

3. Parvej Rahman S/o Khalil Rahman,

4. Manauar Rahman @ Manohar Rahman S/o Parvej Rahman,

5. Bablu Rahman S/o Fazrul Rahman,

6. Chhotu Rahman S/o Mano Rahman,

7. Pappu Rahman S/o Fazrul Rahman, All Residents of Vill. Tilathi Ward No. 13, P.S.- Sour Bazar (Patarghat O.P.), District- Saharsa. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Petitioners apprehend their arrest in connection with Sour Bazar (Patarghat O.P.) P.S.Case No. 591 of 2017 registered for the offences punishable under Sections 341, 323, 379, 354, 504, 506, 34 of the Indian Penal Code and Sections 25(1 b)a, 26 of the Arms Act.

Allegation against the petitioners and other accused persons is that they went to the house of the informant and one Moti Rahman fired at the informant but did not hit anybody and allegation against petitioner No.2 is that he pull down the wife of the informant on the ground and misbehaved with her and allegation against other petitioners is that they have taken away valuable articles from the house of the informant.

Patna High Court Cr.Misc. No.32338 of 2018 (2) dt.28-06-2018 2/2 Submission of learned counsel for the petitioners is that there is case and counter case between the parties and injuries are simple in nature and co-accused Moti Rahman has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 20.4.2018 passed in Cr.Misc.No. 23524 of 2018. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar (Patarghat O.P.) P.S.Case No. 591 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U