Quayum Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36651 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

QUAYUM MIAN Son of Idrish Mian Resident of Village - Sathi, P.S.- Uchakagaon, Distt - Gopalganj.

2.

Irfan Alam Son of Quayum Mian Resident of Village - Sathi, P.S.- Uchakagaon, Distt - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Uchakagaon P.S. Case No. 31 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

Allegation against petitioner No.1 is of assault by sword on the head of daughter-in-law of the informant and allegation against petitioner No.1 is that he fired but that did not hit anybody. Submission of learned counsel for the petitioners is that there is enmity between the parties from before and FIR itself shows that firing made by petitioner No.2 did not hit anybody and about injury, he has no knowledge about the same.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioners stating that injury is grievous in

Patna High Court CR. MISC. No.36651 of 2019(3) dt.16-08-2019 2/2 nature which will appear from the case diary. In view of above facts and circumstances, let petitioner No.2, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Gopalganj, in connection with Uchakagaon P.S. Case No. 31 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

So far petitioner No.1 is concerned, I am not inclined to grant the privilege of anticipatory bail to him. He may surrender and pray for regular bail, which shall be considered on its own merit. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T