Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5358 of 2020 Arising Out of PS. Case No.-118 Year-2019 Thana- BHEJA District- Madhubani ============================================== 1.

MD. SADDAM S/o Md. Ramjan R/o village- Parshouni, P.S.- Bheja, District- Madhubani 2.

Md. Ramjan S/o Md. Mohiuddin R/o village- Parshouni, P.S.- Bheja, District- Madhubani ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ashok Kumar Prasad For the Opposite Party :

Mr.Dashrath Mehta ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-06-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, who are in custody since 26.10.2019 seek bail in connection with Bheja P.S. Case No. 118 of 2019 dated 20.09.2019/ G.R. No. 1570/2019 instituted for offence Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

It has been alleged in the First Information Report that on the order of petitioner no. 2, who is father of petitioner no. 1, petitioner no. 1 stabbed the informant in his

Patna High Court CR. MISC. No.5358 of 2020(3) dt.08-06-2020 2/3 abdomen. Another co-accused, namely, Md. Moti also assaulted the elder brother of the informant, namely, Noor Alam.

It has been submitted on behalf of the petitioners that petitioner no. 2 and the father of informant are full brothers, who are having litigation from before with respect to partition of family property. It has also been urged that petitioner no. 1 had earlier filed a case against the informant and others. The date of occurrence appears to be 03.09.2019 but the matter stood reported on 20.09.2019 i.e. after delay of 17 days of the alleged occurrence and that also without any explanation for such a delay. The petitioner no. 1 and one Motiurahman from the side of the petitioners have also been injured in the occurrence.

Regard being had to the afore-noted nature of accusation and attendant circumstances including the period of custody of the petitioners, they are directed to be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.5358 of 2020(3) dt.08-06-2020 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate -III, Jhanjharpur, Madhubani in connection with Bheja P.S. Case No. 118 of 2019 / G.R. No. 1570/2019. (Ashutosh Kumar, J) sunilkumar/- U T