Patna High CourtCR. MISC./5300/2015bail granted

Sattar Mian And ORS v. The State Of Bihar

2015-02-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.5300 of 2015 (2) dt.09-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5300 of 2015 Arising Out of PS.Case No. -259 Year- 2014 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sattar Mian Son of Alisher Mian

2. Sarfuddin Mian Son of Sattar Mian

3. Taiyab Mian Son of Zazul Mian

4. Aakuff Mian@Ayub Mian Son of Zazul Mian All are Resident of village-Odarwa Tola Pachmawa P.S-Shikarpur,Distt.-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.02.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Shikarpur P. S. case no. 259/2014 registered under sections 341, 323, 325, 308/34 of the IPC.

Admittedly, there was land dispute between the parties and the petitioners along with two others are named in the first information report. At para 12 of this petition, it has specifically been pleaded that in course of investigation, injured- Anwarul Haque specifically made allegation of assault against Sattar Mian and the doctor has found only one injury on the head of injured- Anwarul Haque.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.5300 of 2015 (2) dt.09-02-2015 submissions of the parties, prayer for anticipatory bail on behalf of the petitioner no.1, namely, Sattar Mian, stands rejected. So far as rest petitioners are concerned, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let petitioner nos. 2, 3 and 4, namely, Sarfuddin Mian, Taiyab Mian and Aakuff Mian @ Ayub Mian, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah District West Champaran in Shikarpur P. S. case no. 259/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T