Sk. Najbul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16480 of 2021 Arising Out of PS. Case No.-99 Year-2020 Thana- AMDABAD District- Katihar ====================================================== 1.
SK. NAJBUL Son of Ali Husain Resident of Village - Bairia, P.S.- Amdabad, Distt.- Katihar.
2.
Sk. Dukhu Son of Ali Husain Resident of Village - Bairia, P.S.- Amdabad, Distt.- Katihar.
3.
Sk. Azmer @ Azmer Alam Son of Late Nizam Resident of Village - Bairia, P.S.- Amdabad, Distt.- Katihar.
4.
Fujulu @ Fujlu Son of Sk. Najbul Resident of Village - Bairia, P.S.- Amdabad, Distt.- Katihar.
5.
Irsad @ Sk. Irsad Son of Late Badir Resident of Village - Bairia, P.S.- Amdabad, Distt.- Katihar.
6.
Idul Alam @ Sk. Idul Son of Late Nizam Resident of Village - Bairia, P.S.- Amdabad, Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Advocate.
For the Opposite Party/s :
Mr.APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-01-2022 Heard Mr. Sanjeev Kumar Singh, learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners seek bail in anticipation of their arrest in connection with Amdabad P. S. Case No. 99 of 2020 instituted for the offences under Sections 341, 323, 324, 307/34
Patna High Court CR. MISC. No.16480 of 2021(3) dt.12-01-2022 2/3 of the Indian Penal Code.
10 persons including the petitioners have been made accused in this case with the accusation of assault on the members of the prosecution party. There is a counter version of the occurrence also vide Amdabad P.S. Case No. 100 of 2020. The accused persons in the counter case have been released on anticipatory bail.
Most of the victims in the subject F.I.R. have received simple injuries. Some of the injuries on few of the victims have been opined to be grievous, but the dimensions of the injuries which have been brought on record, do not disclose that any life threatening injury was caused. There appears to be a dispute between both sides and both the parties had clashed against each other and had lodged cases with different accusations. Regard being had to the facts afore-stated and taking into account the clean antecedent of the petitioners, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four 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 CJM, Katihar in
Patna High Court CR. MISC. No.16480 of 2021(3) dt.12-01-2022 3/3 connection with Amdabad P.S. Case No. 99 of 2020 , subject to the condition as laid down under Section 438 (2) Cr. P.C. The application stands allowed.
(Ashutosh Kumar, J) mantreshwar/- U T