Md.Ibrahim vs State Of Bihar on 29 October, 2010

Patna High Court – Orders
Md.Ibrahim vs State Of Bihar on 29 October, 2010
                               Cr.Misc. No.32602 of 2010
                                    STATE OF BIHAR

02 29.10.2010 Heard learned counsel for the petitioner as well as

learned P.P. for the State.

The allegation against the petitioner is that he

assaulted the informant and his uncle with lathi whereas the

other accused assaulted him with different weapons.

Subsequently, in course of treatment informant’s uncle died and

the case was converted under Section 302 of the I.P.C.

The investigation against other accused has

already been completed whereas the investigation against this

petitioner appears to be pending. Admittedly, the main assailant

and some other co-accused persons have already been granted

regular bail by this Court and it also appears from the record that

there is a case and counter case between the parties.

Therefore, considering the aforesaid

circumstances, this anticipatory bail petition stands disposed of

with a direction to the petitioner to surrender before the learned

court below and seek regular bail within thirty days from the

date of communication of this order to the concerned court and if

petitioner so surrenders before the learned Additional Chief

Judicial Magistrate, Madhubani and seeks regular bail, his

prayer for bail shall be disposed of on the same day and if after

disposal of the aforesaid regular bail by learned A.C.J.M,

Madhubani, the petitioner moves before the Sessions Court, the

Sessions Court shall consider the regular bail application of the

petitioner on its own merits without being prejudiced by this

order, particularly, keeping in mind that the accused persons

who assaulted the deceased with farsa and other deadly

weapons, have already been granted regular bail by this court.

This disposes of the anticipatory bail petition.

Shahid/Shahzad ( Hemant Kumar Srivastava, J.)

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes:

<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

* Copy This Password *

* Type Or Paste Password Here *