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Patna High CourtCR. MISC./3662/2021bail granted

Sekh Hakimuddin v. The State Of Bihar

2021-09-07Mr. Justice Ashutosh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3662 of 2021 Arising Out of PS. Case No.-199 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

SEKH HAKIMUDDIN SON OF LATE NUR MOHAMMAD RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR 2.

SEKH LADDU SON OF HAKIMMUDIN RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR 3.

SEKH RAJIK SON OF SEKH MURTUZA RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR 4.

SEKH SAFIK SON OF SEKH MURTUZA RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR 5.

SEKH CHHOTAN SON OF SEKH IBRAR RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR 6.

SEKH BASIHU SON OF SEKH IBRAR RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR 7.

SEKH IMRAN SON OF SEKH IBRAR RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR 8.

SEKH MUMTAZ SON OF SEKH NURI RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR 9.

SEKH SAHJAD SON OF SEKH MUMTAZ RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR 10.

SEKH GABBU ALIAS SEKH SHABBU SON OF SEKH MUMTAZ

2/4 RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR 11.

SEKH DABBU SON OF SEKH MUMTAZ RESIDENT OF VILLAGE, POST OFFICE AND POLICE STATION - CHAINPUR, DISTRICT - KAIMUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramanuj Tiwary For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-09-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Chainpur P.S. Case No. 199 of 2020 instituted for the offences under Sections 323, 324, 326, 307, 379 and 504 of the Indian Penal Code. The accusation in the F.I.R. is of all the accused persons including the petitioners assaulting members of the

3/4 prosecution party. The specific act of assault has been attributed to other accused persons. Two persons are said to have received injuries in the occurrence but such injuries are attributable to other accused persons. So far as the petitioners are concerned, they are attributed with general and omnibus allegation of assault. It has further been submitted on behalf of the petitioners that there is a dispute between the parties with respect to a portion of land in which the decree of the Court is in favour of the petitioners. There is a counter version of the occurrence as well. Two of the accused persons, who are said to have authored injuries on the victims have been taken into custody. One of them has been granted bail.

Regard being had to the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

4/4 of learned Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Chainpur P.S. Case No. 199 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T