IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32602 of 2010 MD.IBRAHIM Versus 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.)