Md. Shamim And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9488 of 2015 Arising Out of PS.Case No. -932 Year- 2014 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Md. Shamim, S/o Md. Israil

2. Md. Sajid, S/o Md. Mustaque Both resident of village- Bhawdepur, Ward No. 22, P.S. + DistrictSitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code. It is alleged that petitioner no. 1 assaulted with dagger on the head of the informant, whereas petitioner no. 2 assaulted with iron rod.

It is submitted by the learned counsel for the petitioners that petitioners side lodge a case against the informant being Sitamarhi P.S. Case No. 914 of 2014, making accusation under Sections 447, 323, 354(6), 379/34 of the Indian Penal Code, against the brother of the informant. The injury report reflects one incised wound.

Patna High Court Cr.Misc. No.9488 of 2015 (2) dt.20-04-2015 Considering the accusation not being corroborated with the injury report against petitioner no.-2, let the above named petitioner no. 2 be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 932 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

Let the learned court below consider the prayer for regular bail of the above named petitioner no. 1, if the petitioner no. 1 surrenders before the learned court below within a period of six weeks from today in connection with Sitamarhi P.S. Case No. 932 of 2014, pending in the court of learned Chief Judicial Magistrate, Sitamarhi, keeping in view of the fact that the case lodged by the petitioners side is at earlier point of time.

(Dinesh Kumar Singh, J) P.K./- U T