Eklakh Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14989 of 2021 Arising Out of PS. Case No.-293 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== 1.

EKLAKH MIAN Son of Amanullah Mian Resident of Village- Sansaraiya, P.S.- Bettiah Muffasil, District- West Champaran. 2.

Ehsan Mian Son of Md. Kaunain Mian Resident of Village- Sansaraiya, P.S.- Bettiah Muffasil, District- West Champaran.

3.

Ashraf Mian Son of Samsul Hoda Resident of Village- Sansaraiya, P.S.- Bettiah Muffasil, District- West Champaran.

4.

Liyakat Mian Son of Samsul Hoda Resident of Village- Sansaraiya, P.S.- Bettiah Muffasil, District- West Champaran.

5.

Subhash Mian @ Abdul Wahad Son of Ibrahim Mian Resident of VillageSansaraiya, P.S.- Bettiah Muffasil, District- West Champaran. 6.

Haidar Ali Son of Ashraf Mian Resident of Village- Sansaraiya, P.S.- Bettiah Muffasil, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-02-2022 Heard Mr. Umesh Chandra Verma, learned Advocate for the petitioners and learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Bettiah Muffasil P. S. Case No. 293 of 2020, dated 18.05.2020, instituted for the offences under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

The petitioners are alleged to have abused and

Patna High Court CR. MISC. No.14989 of 2021(2) dt.25-02-2022 2/3 assaulted the informant and also took away valuables from his house.

The learned Advocate for the petitioners has submitted that the F.I.R. has been lodged after delay of about six days and that also without any explanation. Apart from this, it has been submitted that there is a counter version of the occurrence also lodged by petitioner no. 5 against the informant of this case and others. Three persons are said to have been injured from the side of the petitioners whereas in the subject F.I.R. only the informant has been injured with simple injuries on his person.

Regard being had to the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at

Patna High Court CR. MISC. No.14989 of 2021(2) dt.25-02-2022 3/3 Bettiah, in connection with Bettiah Muffasil P. S. Case No. 293 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T