IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.41413 of 2010
MD.RAHMATULLAH SIDDQUE .
Versus
STATE OF BIHAR .
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03/ 26th March 2011 Heard learned counsel for the petitioner and
learned counsel for the State.
Petitioner has prayed for anticipatory bail in a
case which was initially under Section 307 and other
Sections of the IPC against 13 named persons.
Subsequently, injured Shashi Kuer died and Section 302
IPC has been added. On the basis of Annexure-6 order
passed in Cr.Revision No. 167/2010 on 09.10.2010 by
Additional Sessions Court, Sitamarhi it has been
submitted that Revisional Court has found action of the
police to be illegal and improper in substituting the name
of the petitioner with that of his father in place of name
of one Haji Guddu S/O Md. Isha. It has been submitted
that witnesses have named only Guddu Haji in course of
investigation and not the petitioner in view of the
revisional order.
In the facts of the case, prayer for anticipatory
bail is allowed. In the event of arrest/surrender within six
2
weeks, let the petitioner, MD.RAHMATULLAH
SIDDQUE be released on bail on furnishing bail bond
of Rs.10,000/- with two sureties of the like amount each
to the satisfaction of Sub-divisional Judicial Magistrate,
Pupri, Distt-Sitamarhi in Bajpatti P.S. Case No.
108/2010, subject to the condition as laid down under
Section 438(2) of the Cr.P.C.
(Shiva Kirti Singh, J.)
perwez