Laddan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28563 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- BARHARIA District- Siwan ======================================================

1. Laddan, S/o Late Moinuddin Saifi, R/o Vill.- Padrauna, P.S.- Barharia, District- Siwan.

2. Ali Ahmad @ Ejaj S/o Ibrahim Khan, R/o Vill.- Patty Bhalua, P.S.- Barharia, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma For the Opposite Party/s :

Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in connection with Barhariya P.S. Case No. 70 of 2018 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code.

The prosecution case, as lodged by the informant Block Development Officer, Barhariya Block, is that a meeting was called by the Pramukh and when he went to attend the meeting, the brother-in-law of Pramukh Amirullah Saifi assaulted him with iron chair along with Israil Hussain, husband of Pramukh Enullah Saifi and

Patna High Court Cr.Misc. No.28563 of 2018(2) dt.11-05-2018 2/3 Imteyaz Ahmad. It is alleged that the petitioners along with other co-accused also assaulted the informant. It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and the incident is alleged to have happened in the office of the Pramukh and it is the informant who resorted to unparliamentary action against the Pramukh for which she had lodged an F.I.R. being Barhariya P.S. Case No. 71 of 2018 for the same incident on the same day. He submits that the injury has been found to be only one and allegation is against many persons to have assaulted him. He further submits that one of the co-accused named in the F.I.R. has since been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 24240 of 2018 vide order dated 26.04.2018 and petitioners are languishing in judicial custody since 13.03.2018. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount

Patna High Court Cr.Misc. No.28563 of 2018(2) dt.11-05-2018 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Barhariya P.S. Case No. 70 of 2018.

(Nilu Agrawal, J) Rajesh/- U T