IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23127 of 2010 1. MD.ASHAHABUR RAHMAN @ ASAHABUR RAHMAN SON OF KALIMUR RAHMAN 2. WAZUL HAQUE SON OF ABULAISH MIAN 3. MD. SAFI SON OF LATE IZHAR MIAN 4. MD. KALAM ALIAS BHOLA SON OF KALIMUR RAHMAN 5. ABDUL WAHAB SON OF KALIMUR RAHMAN 6. MD. SAMIM ALIAS SAMIM MIAN SON OF HASIM MIAN 7. ABUL KALAM ALIAS ABDUL KALAM SON OF ABULAISH MIAN 8. EKBAL MIAN @ EKBAL AHMAD SON OF BITU MIAN 9. BHIKHARI MIAN SON OF LATE AKHTAR MIAN, ALL RESIDENTS OF VILLAGE SIRISIA KALA, P.S. ADAPUR, DISTRICT EAST CHAMPARAN – PETITIONERS. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- 2/ 28-07-2010 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution instituted for offences under section 452, 380, 307 and some other allied offences of the Indian Penal Code as also under section 27 of the Arms Act. It is submitted that there are case and counter-case , vide Annexures- 1 and 2 with respect to the same occurrence and both sides have sustained injuries on their persons. It is further submitted that entire occurrence has taken place because of election dispute between the parties. By referring to injury reports as per Annexures 3 to 6 he submitted that all the injuries found on the persons of the injured were opined to be simple in nature and furthermore though some of the petitioners were allegedly armed with gun and other firearms, but they are not alleged to have used the same for committing the crime in question and, therefore, it is submitted that offence under section 307 of the Indian Penal Code is not attracted against the petitioners. Learned Addl. P.P. for the State has strongly opposed the 2 prayer for anticipatory bail and has pointed out that petitioner no.7, namely, Abul Kalam @ Abdul Kalam, is alleged to have assaulted one Aramanullah by farsa on his head. Doctor has also found some injuries on the head but that have been opined to be simple in nature. Taking into consideration the aforesaid facts and circumstances of the case, in the event of their arrest or surrender in the court below within a period of four weeks from today, let the above named petitioners No. 1 to 6, 8 and 9 be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari in connection with Adapur P.S. Case No. 112 of 2009, subject to conditions as laid down under section 438(2) of the Cr. P.C. However, so far as petitioner No. 7, Abul Kalam @ Abdul Kalam is concerned, in view of nature of allegation against him his prayer for anticipatory bail is rejected. He must surrender in the court below in connection with aforesaid case within a period of four weeks from today and seek regular bail. BTiwary ( Birendra Prasad Verma, J)