Md. Azharuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13831 of 2021 Arising Out of PS. Case No.-201 Year-2020 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

Md. Azharuddin S/o Md. Nasir Resident of Village - Jatuka, P.S. - Manigachi (Bajitpur O.P.), District - Darbhanga. 2.

Md. Meraj S/O Late Md. Mazhar Resident of Village - Jatuka, P.S. - Manigachi (Bajitpur O.P.), District - Darbhanga. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Shahnawaz Ali, Adv For the State :

Mr. Ashok Kumar, APP For the Informant :

Mr. Prem Kumar Jha, Adv Mr. Rajesh Kumar Jha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 504, 506 of

Patna High Court CR. MISC. No.13831 of 2021(13) dt.20-06-2022 2/3 the Indian Penal Code.

It is alleged that all the accused persons including the petitioners caught hold the brother of the informant Md. Salis and started assaulting him. It is alleged against petitioner No. 1 that he assaulted with a sword which hit on the left hand of the brother of the informant. When the informant came to rescue his brother, it is alleged that petitioner No. 2 assaulted with sword, as a result of which the informant sustained cut injuries over the right hand.

It is submitted by learned counsel for the petitioners that there is counter version of the occurrence also and petitioners' side also received injuries. Moreover, the injuries alleged to have been caused by the petitioners are not on vital part of the body. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest

Patna High Court CR. MISC. No.13831 of 2021(13) dt.20-06-2022 3/3 or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Manigachhi (Bajitpur OP) P.S. Case No. 201 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T