Md. Sanwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18307 of 2021 Arising Out of PS. Case No.-541 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== 1.

Md. Sanwar, male, aged about 35 years, S/o Late Sabbu Jan. 2.

Md. Tabarakh @ Nathu @ Md. Tabarak, male, aged about 50 years, S/o Habib Miyan.

3.

Md. Aslam, male, aged about 36 years, S/o Md. Lateef. 4.

Md. Guddu, male, aged about 25 years, S/o Md. Tabarakh @ Nathu @ Md. Tabarak.

All are R/o Village- Kaparpura, Tole Ramnath, Dhamauli, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-03-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Kanti P.S. Case No. 541 of 2020, dated 06.09.2020, instituted for the offences under Sections 147, 341, 323, 307 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.18307 of 2021(2) dt.11-03-2022 2/3 Though they are said to have assaulted the members of the prosecution party, but only two persons have been injured in the occurrence, both of whom have received simple injuries.

There is a counter version of the occurrence as well lodged by petitioner No. 4 against the informant and others vide Kanti P.S. Case No. 542 of 2020.

It has been urged on behalf of the petitioners that they are co-villagers and because of enmity between them, the aforesaid case has been lodged.

Regard being had to the facts afore-stated and taking into account that the petitioners do no have criminal antecedents, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Chief Judicial Magistrate (West), Muzaffarpur in connection with Kanti P.S. Case No. 541 of 2020, subject to the conditions laid down

Patna High Court CR. MISC. No.18307 of 2021(2) dt.11-03-2022 3/3 under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T