Md. Sahadat @ Md. Sayadat And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48855 of 2018 Arising Out of PS. Case No.-363 Year-2017 Thana- TRIVENIGANJ District- Supaul ======================================================
1. Md. Sahadat @ Md. Sayadat, S/o Late Md. Dukha,
2. Md. Sadrey Alam S/o Md. Sahadat @ Md. Sayadat, R/o Vill.- Babhangama, Tola- Baghela, P.S.- Tribeniganj, District- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307/34 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons including the petitioners assaulted the informant and his father by farsa, iron rod and spade, due to which they sustained injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. The
Patna High Court Cr.Misc. No.48855 of 2018(2) dt.04-10-2018 2/2 petitioners have falsely been implicated in the present case due to previous enmity. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Supaul in connection with Triveniganj P.S. case No.363 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T