Parvej Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36881 of 2020 Arising Out of PS. Case No.-407 Year-2020 Thana- MASHRAK District- Saran ====================================================== 1.
Parvej Alam, male, aged about 26 years, S/o Bigu Miyan 2.
Ramjan Alam, male, aged about 19 years, S/ Kalamuddin 3.
Laddan Alam, male, aged about 22 years, S/o Late Rojaddin Miyan 4.
Md. Mulazim @ Molajim Miyan, male, aged about 40 years, S/o Late Mahamddin Miyan 5.
Likhu Miyan, male, aged about 45 years, S/o Late Osiyat Miyan 6.
Aslam alam @ Asalam Miyan, male, aged about 35 years, S/o Isa Miyan 7.
Bhiku Miyan, male, aged about 45 years, S/o Late Osiyat Miyan All R/o Village- Harpur Jan, P.S.- Masharak, District- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Adv.
For the Informant :
Mr. Krishna Pd. Singh, Sr. Adv.
For the State :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-04-2021 Heard Mr. Jeetendra Narayan, learned Advocate for the petitioners and Mr. Krishna Prasad Singh, learned Senior Advocate for the informant. The State is represented by the learned APP.
The petitioners seek bail in anticipation of their arrest in connection with Masrak @ Mashrak @ Masharak P.S. Case No. 407 of 2020, dated 18.07.2020, instituted for
Patna High Court CR. MISC. No.36881 of 2020(2) dt.08-04-2021 2/3 the offences under Sections 147, 148, 149, 341, 323, 307, 324, 325, 504, 506 and 188 of the Indian Penal Code. All the petitioners are alleged to have assaulted the informant and others leading to injuries on six persons. The learned counsel for the petitioners has submitted that for an occurrence which had taken place sometimes ago, the present fight had taken place in which, six persons have been injured. However, all the victims have received simple injuries.
There is a counter version of the occurrence also. From the F.I.R., it appears that there was past enmity between the parties.
Considering the facts afore-stated, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Saran at Chapra in connection with Masrak @ Mashrak @
Patna High Court CR. MISC. No.36881 of 2020(2) dt.08-04-2021 3/3 Masharak P.S. Case No. 407 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. However, while granting bail to the petitioners, the Court below shall ascertain the correctness of the statement made by the counsel for the petitioners that none of the victims have received grievous injuries. In case, such submission is found to be incorrect, this order shall not be given effect to.
The application stands disposed of accordingly. (Ashutosh Kumar, J) Praveen-II/- U T