Md Hasan @ Hasan Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20314 of 2024 Arising Out of PS. Case No.-204 Year-2023 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== 1.

Md Hasan @ Hasan Miyan Son of Bilat @ Md. Bilat Resident of vill.- Shivaisinghpur, P.S.-Ashok Paper Mill, Distt.-Darbhanga 2.

Md. Islam Son of Bilat @ Md. Bilat Resident of vill.-Shivaisinghpur, P.S.- Ashok Paper Mill, Distt.-Darbhanga 3.

Md. Ausi @ Md. Oshi Son of Bilat @ Md. Bilat Resident of vill.- Shivaisinghpur, P.S.-Ashok Paper Mill, Distt.-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Smiti Bharti, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP For the informant :

Mr. Girish Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-04-2024 Learned counsel appearing on behalf of the petitioners submits that petitioner no.1 has informed that he desires to seek regular bail and as such, she seeks to withdraw the bail application, so far as it relates to petitioner no.1 is concerned.

2. Accordingly, the present bail application is dismissed as withdrawn with respect to petitioner no.1.

3. Heard Ms. Smiti Bharti, learned counsel appearing on behalf of the petitioners, Mr. Dilip Kumar No. 1, learned APP for the State and Mr. Girish Chandra Jha, learned counsel for the informant.

4. The petitioners no.2 and 3 seek pre-arrest bail in

Patna High Court CR. MISC. No.20314 of 2024(2) dt.02-04-2024 2/3 connection with Ashok Paper Mill P.S. Case No. 204 of 2023 registered for the offence(s) punishable under Sections 341, 323, 324, 354(B), 379, 504, 506, 308/34 of the Indian Penal Code.

5. As per the allegation made in the FIR the accused persons named therein, including the petitioners, have assaulted the informant and his family members, as a result of which, they sustained injuries.

6. Learned counsel appearing on behalf of the petitioners submitted that general and omnibus allegation has been made against the petitioners and other co-accused persons, who are altogether ten in numbers. There is case and counter case between the parties and petitioners might have caused injuries to the informant and his family members in fierce fight in their self-defence. Petitioners have clean antecedent.

7. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

8. In the facts and circumstances of the case, the petitioners no.2 and 3 , above named, are directed to be released on pre-arrest bail, in the event of their 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

Patna High Court CR. MISC. No.20314 of 2024(2) dt.02-04-2024 3/3 of learned A.C.J.M., Darbhanga in connection with Ashok Paper Mill P.S. Case No. 204 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T