Patna High CourtCR. MISC./16588/2016bail granted

Tahir Khan And ORS v. The State Of Bihar

2016-04-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.16588 of 2016 (2) dt.26-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16588 of 2016 Arising Out of PS.Case No. -107 Year- 2015 Thana -PALASI District- ARRARIA ======================================================

1. Tahir Khan son of Basir Khan

2. Jamal Khan @ Bhutia Khan son of Late Buddhan Khan

3. Sahees Khan son of Late Safun Khan @ Sakun Khan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 26.04.2016 Supplementary affidavit is filed on behalf of the petitioners. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under section 307 and other allied sections of the Indian Penal Code. In the first information report, there is specific allegation against petitioner nos.1 and 2 that they assaulted injured Shamshad Hussain causing injury to him on his head and other parts of the body but annexure 4 to the petition goes to show that only one injury was found on the head of injured Shamshad Hussain. Although the aforesaid head injury appears to be grievous in nature but it is not specific who is author of the aforesaid injury. So far as petitioner no.3 is concerned, it is alleged that he assaulted injured Salik Hussain causing head injury to him but annexure 7 to the supplementary affidavit goes to show that injured Salik Hussain

Patna High Court Cr.Misc. No.16588 of 2016 (2) dt.26-04-2016 sustained simple injury on his head said to be caused by sharp cutting weapon.

Moreover, wife of petitioner no.1 lodged a counter case i.e. Palasi P.S. case no. 108/2015 and in the aforesaid case, wife of petitioner no.1 claimed that it was the prosecution party who was aggressor and caused injuries to petitioner no.1 and others. Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Sri S.K. Singh, Judicial Magistrate, Ist Class, Araria in Palasi P.S. Case no. 107/2015. shahid (Hemant Kumar Srivastava,J) U T