Patna High CourtCR. MISC./42445/2023bail granted

Bechu Miya @ Bechu Miyan v. The State Of Bihar

2023-08-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42445 of 2023 Arising Out of PS. Case No.-308 Year-2022 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.

BECHU MIYA @ BECHU MIYAN SON OF HAFIZ MIYA @ HAFIZ MIYAN R/O MUSEHARI, PS- VIJAYIPUR, DISTT- GOPALGANJ 2.

HAMID MIYA @ HAMID MIYAN @ HASHID MIYAN SON OF HAFIZ MIYA @ HAFIZ MIYAN R/O MUSEHARI, PS- VIJAYIPUR, DISTTGOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 307, 504, 34 of the Indian Penal Code.

3. On the alleged date and time of occurrence, all the F.I.R named accused persons including these petitioners armed with lathi-danda with the intention to grab the land of samadhi of the informant came there and abused and a assaulted son of the informant, in which he sustained head injury.

4. It is submitted that due to land dispute a casual maarpeet took place between the party in which both sides

Patna High Court CR. MISC. No.42445 of 2023(2) dt.07-08-2023 2/2 sustained injury. Allegation of assault is general and omnibus against these petitioners. Doctor has found simple injury. Petitioners claim clean antecedent.

5. Learned counsel for the petitioners oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J M 1st Class, Gopalganj in connection with Vijayipur P.S. Case No . 308 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T