IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42046 of 2010
MD.RAHMATULLAH SIDDQUE .
Versus
THE STATE OF BIHAR .
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03. 26.03.2011 Heard learned counsel for the petitioner and for
the State.
The petitioner apprehends arrest in a Police Case
under Sections 147, 148, 149, 341, 323, 324, 307 and 379
of the Indian Penal Code.
It is submitted that as per allegations 50 to 60
persons entered into the house. Some accused have been
named. Petitioner is not one of them. The petitioner is not
Guddu Hazi, whose name has transpired during
investigation. He is Md. Rahmatullah Siddque. The two are
different individuals. The impugned order wrongly rejects
the prayer on the ground that Police during investigation
found the two to be one person only. Reliance is placed on
an order in Cr. Rev. No. 167 of 2010 preferred by the
petitioner against the Distress Warrant disposed on
9.10.2010 holding at paragraph-7 that Guddu Hazi, S/o of
Md. Isha and Md. Rahmatullah Siddque, S/o Md. Saghir
are two different persons and Police had wrongly filed
requisition showing the two to be one and the same.
Let the above named petitioner surrender in the
court below within a period of four weeks from today when
he shall be enlarged on anticipatory bail on furnishing bail
2
bond of Rs. 20,000/- (Twenty thousand) with two sureties
of the like amount each to the satisfaction of Sub
Divisional Magistrate, Pupri, Sitamarhi in connection with
Bajpatti P.S. Case No. 109 of 2010, subject to the
conditions as laid down under Section 438 (2) of the Code
of Criminal Procedure.
P.K ( Navin Sinha, J.)