Md. Asfaque @ Md. Afaque And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4769 of 2019 Arising Out of PS. Case No.-386 Year-2018 Thana- NARPATGANJ District- Araria ======================================================

1. Md. Asfaque @ Md. Afaque

2. Md. Harun

3. Md. Naushad Md Shekhawat

4. all sons of Md.Shekhawat R/o Village- Bairia, Ward No-8, P.S.- Narpatganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Narpatganj P.S.Case no.386 of 2018 dated 26.6.2018 G.R.No.2035 of 2018 , registered for offences punishable under Sections 341, 323, 324, 354B, 379, 307, 504, 34 of the Indian Penal Code.

Allegation against the petitioners is that while the informant was going they came variously arms and assaulted him and there is specific allegation against the petitioner no.2 that he has assaulted on the head of the husband of the informant and against the petitioner no.3 that he has assaulted on the son of the informant causing injury.

Patna High Court Cr.Misc. No.4769 of 2019(3) dt.22-02-2019 2/3 Submission of the learned counsel for the petitioners is that there is case and counter case and no specific allegation has been attributed against the petitioner no.1.

So far petitioner nos.2 is concenred there is allegation of assault but injury is simple in nature.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, and from perusal of the impugned order it appears that one of the injuries is on the person of the informant is grievous in nature.

In view of the facts and circumstances, so far petitioner no. 3 Md.Naushad is concerned, I am not inclined to grant bail to the petitioner no.3.

So far petitioner no.1 Md. Asfaque @ Md. Afaque and 2. Md. Harun are concerned, let the petitioner nos. 1 and 2 above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Narpatganj P.S.Case No.386 of 2018 G.R.No.2035 of 2018 subject to condition as laid down under Section 438 (2) of the

Patna High Court Cr.Misc. No.4769 of 2019(3) dt.22-02-2019 3/3 Code of Criminal Procedure.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T