Patna High CourtCR. MISC./50348/2015allowed

Sabbir Khan And ORS v. The State Of Bihar

2015-12-21Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.50348 of 2015 (3) dt.21-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50348 of 2015 Arising Out of PS.Case No. -110 Year- 2015 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sabbir Khan

2. Shahre Khan Both Sons of late Ahmed Khan

3. Sikandar Khan son of late Badruddin Khan

4. Majhar Khan Son of Mauki Ram

5. Nurain Khan son of Late Nazir Khan

6. Intekhab Khan son of Sadre Alam Kahn All residents of Village- Pandari P.s Dhaka, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. App ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-12-2015 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case under sections 307/34 and other allied sections of the Indian Penal Code. It is alleged that petitioner Nos.2 to 6 caught the informant and petitioner No.1 struck knife blow on his neck, as a result of which he sustained incised injuries 1"x 1/2"X1/2". The petitioners submit that there is a counter case with respect to the alleged incident in which petitioner No.1 sustained grievous injuries on his head 3"x1/4"x1/4". They further submit that there was free fight in which both sides have sustained

Patna High Court Cr.Misc. No.50348 of 2015 (3) dt.21-12-2015 injuries.

In the circumstances and also taking into consideration that petitioner No.1 has sustained grievous injuries, the petitioners namely (i) Sabbir Khan, (ii) Shahre Khan, (iii) Sikandar Khan, (iv) Majhar Khan, (v) Nurain Khan and (vi) Intekhab Khan are directed to be released on anticipatory bail, in the event of their arrest/surrender, on furnishing bail bonds of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Sikrahana, East Champaran at Motrihari in Dhaka P.S. Case No.110 of 2015 subject to the conditions that they will not physically absent themselves in the court below for two consecutive dates at a stretch till one witness is examined after chare, failing which their bail bonds would be cancelled.

(Samarendra Pratap Singh, J) KHAN/- U