Md. Sainu @ Md. Sainudin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15954 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.
MD. SAINU @ MD. SAINUDIN S/O MD YUNUS R/o village- Milki, P.S.- Ara Mufassil, District- Bhojpur 2.
Md. Jainul @ Md. Jaunu @ Jainu Alam S/o Md. Yunus R/o village- Milki, P.S.- Ara Mufassil, District- Bhojpur 3.
Md. Yunus S/o Late Opi Mian R/o village- Milki, P.S.- Ara Mufassil, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Prasad Gupta For the Opposite Party/s :
Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 It is submitted by learned counsel for the petitioner that during pendency of this application,petitioner no. 1 has been arrested and, as such, he seeks permission to withdraw this application.
Permission is granted.
In view of the aforesaid submission, this application is dismissed as withdrawn.
Now, learned counsel for the petitioner is pressing this application only against petitioner nos. 2 and 3. As prayed for, learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 1 of the
Patna High Court CR. MISC. No.15954 of 2021(3) dt.21-12-2021 2/3 bail petition Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Ara Mufassil P.S. Case no. 114 of 2020 instituted for the offence under Sections 341, 323, 307, 504, 504, 34 and 379 of the Indian Penal Code.
Prosecution story relates to abuse and brick batting to the informant by the petitioners and other co-accused persons. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are is innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. From perusal of the injury report it reveals that Vakita Khatoon has received two injuries out of which injury no. 1 is simple in nature and injury no. 2 is grievous but on non-vital organ. They have got no criminal antecedent. Learned APP appearing for the State has opposed the
Patna High Court CR. MISC. No.15954 of 2021(3) dt.21-12-2021 3/3 prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners no. 2 and 3 on bail. The petitioners no. 2 and 3 are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Ara Mufassil P.S. Case no. 114 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U