Patna High CourtCR. MISC./55728/2015bail granted

Md. Shakil v. The State Of Bihar

2015-12-16Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court Cr.Misc. No.55728 of 2015 (2) dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55728 of 2015 Arising Out of PS.Case No. -183 Year- 2015 Thana -BAJPATTI District- SITAMARHI ====================================================== Md. Shakil .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Sanjay Kr. Tiwary No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant also. The petitioner, namely, Md. Shakil, is in custody in Bajpatti P.S. Case No. 183 of 2015 under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. The learned counsel for the petitioner submitted that there was free fight between the parties and counter case has also been filed by the wife of the petitioner because she was brutally assaulted by the informant party and during that open Marpeet, the informant received head injury. Learned counsel further submitted that there is land dispute between the parties and the injury received on the head of the informant is no doubt caused by a sharp weapon but is simple in nature and there is only assault. On the other hand, learned counsel appearing for the

Patna High Court Cr.Misc. No.55728 of 2015 (2) dt.16-12-2015 informant opposed the prayer for bail.

Considering the nature of allegation and the fact that there is dispute between the parties and case and counter case is also there, I direct the petitioner, named above, to be released on bail on furnishing bail bond of Rs.5,000/- (Five Thousand Rupees) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi, in connection with Bajpatti P.S. Case No. 183 of 2011.

Brajesh/- (Mungeshwar Sahoo, J.) U T