Seraj Mian@Searaj Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17562 of 2021 Arising Out of PS. Case No.-472 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

SERAJ MIAN@SEARAJ MIAN SON OF KASIM MIAN RESIDENT OF VILLAGE- BHARWALIYA TOLA, P.S.- MAJHAULIA, DISTT.- WEST CHAMPARAN.

2.

SHAMI SIDIQUI @ LADDU MIAN SON OF KAMRUDDIN MIAN VILLAGE- BHARWALIYA TOLA, P.S.- MAJHAULIA, DISTT.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-01-2022 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Majhaulia P.S. Case No. 472 of 2020, which was initially instituted for the offences under Sections 341, 323, 324, 354, 427, 380 and 34 of the Indian Penal Code but during the course of investigation, Section 307 of the I.P.C. was also added.

The petitioners are the neighbours of the informant and the occurrence took place over a dispute with respect to a game of cricket. The F.I.R. is said to have been lodged

Patna High Court CR. MISC. No.17562 of 2021(2) dt.07-01-2022 2/2 after one month and nineteen days of the occurrence. The informant has, though, received grievous injuries but it is in the nature of abrasion. The petitioners are alleged to have assaulted by axe and farsa, which allegation does not get supported from the injuries suffered by the victim.

For the reasons afore-stated, 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 eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhaulia P.S. Case No. 472 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T