Barkat Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30204 of 2016 Arising Out of PS.Case No. -77 Year- 2015 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Barkat Mian

2. Zahir Mian

3. Zakir Mian. All sons of Late Ali Hussain, resident of Village- Sukhi Semra, P.S. Palanwa, District- East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Section 302 and other minor Sections of the Indian Penal Code. There is accusation against these petitioners that they assaulted the deceased but the postmortem report of the deceased goes to show that only one injury was found on the person of the deceased.

Submission on behalf of the petitioners is that there is case and counter case between the parties and, as a matter of fact, free fight took place between the parties and petitioner nos.1 and 2

Patna High Court Cr.Misc. No.30204 of 2016 (3) dt.04-10-2016 2/2 sustained grievous injuries in the said occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul at Motihari, District - East Champaran in connection with Palanwa P.S. Case No.77 of 2015.

(Hemant Kumar Srivastava, J) N.H./- U T