Md. Sohrab @ Sohrab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12197 of 2024 Arising Out of PS. Case No.-841 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== 1.
Md. Sohrab @ Sohrab Alam son of Late Saheedu Mian @ Late Saheed Mian Village- Nehuta Ps- Dobhi Dist- Gaya 2.
Abdullah Mian @ Md. Abdullah @ Md. Abdullah Mian son of Late Saheedu Mian @ Late Saheed Mian Village- Nehuta Ps- Dobhi Dist- Gaya 3.
Manzer Mian @ Md. Manzer son of Late Saheedu Mian @ Late Saheed Mian Village- Nehuta Ps- Dobhi Dist- Gaya 4.
Hajmet @ Md. Hasmat Ali @ Hasmat Mian son of Late Imamuddin @ Late Hussain Mian Village- Nehuta Ps- Dobhi Dist- Gaya 5.
Mufsil Mian @ Md. Mosffal Alam @ Musfil Mian @ Md. Moskafil Alam son of Md. Ishteyaque Ahmad @ Ishteyaque Mian Village- Nehuta PsDobhi Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr.Shyam Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-03-2024
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Sherghati (Dobhi) P.S. Case No. 841 of 2023 dated 30.07.2023 registered under Sections 147, 341, 323, 307, 506, 279 and 337 of the I.P.C.
3. As per the First Information Report on 29.07.2023 the petitioners along with other accused persons armed with weapons assaulted the informant's father over his head due to which he sustained head injury. The accused persons also pelted
Patna High Court CR. MISC. No.12197 of 2024(2) dt.12-03-2024 2/3 stones and bricks upon the house of the informant.
4. Learned counsel for the petitioners submits that the occurrence has taken place during tajiya procession. There is case and counter case and the side of the petitioners has also lodged Sherghati (Dobhi) P.S. Case No. 840 of 2023 under Sections 341, 323, 147, 307, 379, 354 and 506 of the I.P.C.. Four persons have sustained injury from the side of the petitioners. The injury caused to the informant's father Sabir Mian is simple in nature as would be evident from the injury report annexed at Annexure-P/4.
5. Regard being had to the submission made by the parties, taking into consideration the fact that there is case and counter case between the parties, both sides have sustained injury and injury caused to the informant's father is simple in nature, as such, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-Ist, Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 841 of 2023 subject to the condition as
Patna High Court CR. MISC. No.12197 of 2024(2) dt.12-03-2024 3/3 laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T