Sohail Mian @ Sohail Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33789 of 2020 Arising Out of PS. Case No.-234 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Sohail Mian @ Sohail Ahmad S/O Manauwar Mian Resident of Village - Bhogadi, P.S. - Majhaulia, Dist. - West Champaran. 2.

Sagir Ahmad @ Sagir Mian, S/O Manauwar Mian, Resident of Village - Bhogadi, P.S. - Majhaulia, Dist. - West Champaran. 3.

Akhalakh Mian @ Ekhalakh Mian, S/O Taukir Mian, Resident of Village - Bhogadi, P.S. - Majhaulia, Dist. - West Champaran. 4.

Taukir Mian, S/O Manauwar Mian, Resident of Village - Bhogadi, P.S. - Majhaulia, Dist. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

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, 324, 307, 447, 379, 504 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the informant and family members due to which they sustained injury.

Patna High Court CR. MISC. No.33789 of 2020(2) dt.26-02-2021 2/2 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. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place for petty reasons. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 234/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T