Sheikh Asir @ Md. Asiruddin And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36513 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -MEERGANJ District- PURNIA ======================================================

1. Sheikh Asir @ Md. Asiruddin Son of Late Chhedi

2. Bablu Son of Sheikh Asir @ Md. Asiruddin

3. Sheikh Faruque @ Faruque Son of Sheikh Khalil

4. Nazzo Son of late Aziz

5. Sheikh Asad @ Asad Son of Sheikh Khalil, All resident of VillageRangpura, P.s.- Mirganj, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 Heard learned counsels for the petitioners, informant and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 379 of the Indian Penal Code. The prosecution case is that on the order of petitioner No. 1, co-accused Naushad assaulted with garasa on the head of the informant's father whereas other accused persons assaulted the informant and other family members of the informant. It is alleged that petitioner No. 4 snatched mobile from the pocket of brother of the informant. Though accusation of making assault is also alleged against petitioner No. 2 Bablu.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.36513 of 2015 (3) dt.21-09-2015 2/2 petitioners that specific accusation of assault on the head of the father of the informant is against co-accused Naushad. The injuries of the informant's side have been found to be simple. There is counter version of the occurrence also and petitioners' side have also received injuries.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. It is submitted by learned counsel for the informant that there is accusation of assault against petitioner Nos. 2 and 4 also but this fact has also not been denied that injuries have been found to be simple.

Considering the fact that there is counter version of the occurrence also and petitioners' side have also received injuries, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Purnea in connection with Mirganj P.S. Case No. 33 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T