Shahid Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36019 of 2020 Arising Out of PS. Case No.-92 Year-2020 Thana- MAINATAND District- West Champaran ====================================================== 1.

Shahid Akhtar, Son of Sheikh Abdullah 2.

Abid Akhtar @ Abid Hussain, Son of Sheikh Abdullah 3.

Sheikh Mazid, Son of Sheikh Abdullah All resident of Village - Basantpur, P.S. - Mainatand, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Sanjeev Kumar, Adv.

Mr. Abhay Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2021 Heard Mr. Umesh Chandra Verma, the learned Advocate for the petitioners and Mr. Sanjeev Kumar, the learned counsel for the informant. The State is represented by the learned APP, Mr. Abhay Kumar No. 1.

The petitioners seek bail in anticipation of their arrest in connection with Mainatand P.S. Case No. 92 of 2020, dated 08.06.2020, instituted for the offences under Sections 341, 323, 324, 325, 307, 379, 504 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.36019 of 2020(3) dt.24-05-2021 2/3 The petitioner Nos. 1 and 2 are said to have assaulted the brother of the informant causing three injuries to him, all of which have been opined to be simple in nature. The petitioner No. 3 along with one Md. Abdullah is said to have assaulted the informant on his hand, which also has caused three injuries to him. The nature and dimensions of such injuries do not appear to be grievous, but the opinion regarding such injuries have been reserved.

The learned counsel for the petitioners has submitted that the petitioner Nos. 1 and 2 are the own nephews of the informant and they have been prosecuted in this case because of a continuing land dispute between them.

Considering the relationship between the parties and the nature of accusation as well as the background facts, 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

Patna High Court CR. MISC. No.36019 of 2020(3) dt.24-05-2021 3/3 amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Mainatand P.S. Case No. 92 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T