Md. Zainul @ Md. Jainul @ Jainul Abdin @ Jainul Abedin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16445 of 2020 Arising Out of PS. Case No.-659 Year-2019 Thana- JAMUI District- Jamui ====================================================== 1.

MD. ZAINUL @ MD. JAINUL @ JAINUL ABDIN @ JAINUL ABEDIN Son of Late Md. Rasid Resident of Village- Purab Tola, Thana Chowk, P.S.- and Distt- Jamui.

2.

Md. Kunal S/o Md. Zainul @ Md. Jainul @ Jainul Abdin Resident of Village- Purab Tola, Thana Chowk, P.S. and Distt- Jamui 3.

Md. Masum @ Md. Masum Ahamad S/o Md. Zainul @ Md. Jainul @ Jainul Abdin Resident of Village- Purab Tola, Thana Chowk, P.S. and Distt- Jamui ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-08-2021 Heard Mr. Satya Prakash Parasar, learned Advocate for the petitioners and Mr. Ram Anurag Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Jamui P.S. Case No. 659 of 2019 dated 13.12.2019 instituted for the offences under Sections 341, 323, 308, 504, 506 and 34 of the Indian Penal Code.

The accusation against the petitioners is of assaulting the informant and others. Some of the persons from the prosecution side have been injured. All have received simple injuries except one Md. Sajjad. He

Patna High Court CR. MISC. No.16445 of 2020(2) dt.02-08-2021 2/3 has received one grievous injury.

It has been urged on behalf of the petitioners though one of the injuries on Md. Sajjad is stated to be grievous but from the dimensions of the injury, it appears that it is not life threatening and even the nature of such injury has wrongly been assessed. There is a counter version of the occurrence as well and two persons from the side of the petitioners also have been injured. There is a pending Title Suit between the parties vide Title Suit No. 26 of 2012. It has been urged on behalf of the petitioners that because of the dispute between the parties which has been existing for a long time, a clash may have taken place between both the sides but the allegations have been over exaggerated in the subject FIR.

The petitioners do not have criminal antecedents.

Considering the aforenoted background facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.16445 of 2020(2) dt.02-08-2021 3/3 Magistrate, Jamui in connection with Jamui P.S. Case No. 659 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T