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Patna High Court - Orders

Md. Zahidur Rahman @ Zahidur Rahman & Ors vs The State Of Bihar on 14 June, 2016

Author: Hemant Kumar Srivastava

Bench: Hemant Kumar Srivastava

      Patna High Court Cr.Misc. No.24785 of 2016 (2) dt.14-06-2016                                       1




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.24785 of 2016
                          Arising Out of PS.Case No. -35 Year- 2016 Thana -POTHIYA District- KISANGANJ
                   ======================================================
                   1. Md. Zahidur Rahman @ Zahidur Rahman son of Fazlur Rahman.
                   2. Md. Kosen Raza alias Md. Kosan Raza son of Md. Nazrul Haque
                   3. Jalaluddin son of Fazlur Rahman.
                   4. Nazrul alias Naziruddin son of Sheikh Kanu
                      All resident of Village-Chematia, Police Station-Pathia
                      District-Kishanganj.
                                                                           .... .... Petitioner/s
                                                      Versus
                   1. The State of Bihar

                                                                  .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     : Mr. Najmul Hoda
                   For the Opposite Party/s   Mr. A.K. Choudhary (App)
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
                   SRIVASTAVA
                   ORAL ORDER

02/   14.06.2016

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Pothia P.S. Case no. 35/2016 registered under sections 467, 468, 469, 420, 341, 323, 379, 427/34 of the Indian Penal Code.

It would appear from perusal of the first information report that there was dispute between the parties regarding constitution of a committee of madarsa and a writ petition is still pending before a bench of this court.

Moreover, both parties are claiming themselves to be office bearer and staff of different committees of the madarsa.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition Patna High Court Cr.Misc. No.24785 of 2016 (2) dt.14-06-2016 2 is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in Pothia P.S. Case no. 35/2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

    shahid                                          (Hemant Kumar Srivastava,J)


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