Saddam Sai @ Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42546 of 2019 Arising Out of PS. Case No.-222 Year-2018 Thana- DAUDPUR District- Saran ====================================================== 1.

Saddam Sai @ Saddam Hussain, Son of Kadir Sai, Resident of VillageBalesara, P.S.-Daudpur, District-Saran. 2.

Meraj Sai, Son of Kadir Sai, Resident of Village-Balesara, P.S.-Daudpur, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh, Advocate.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Daudpur P.S. Case No. 222 of 2018, registered under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code. The accusation is that in the evening of 05.11.2018, seven persons named in the F.I.R. including the petitioners having sward, lathi and danda in their hand came at the house of informant, Ajit Kumar Sharma and started to cause assault. At that time, Meraj Sai (petitioner no. 2) gave sward blow at his head. When Sheonath Sharma and Sanjay Sharma, uncle and brother of informant, reached there then co-accused, Seraj Sai caused injury at the neck and head of his uncle, Sheonath Sharma through sward. In the meantime, Saddam

Patna High Court CR. MISC. No.42546 of 2019(2) dt.10-07-2019 2/2 Hussain (petitioner no.1) caused injury at the head of his brother, Sanjay Sharma through sward.

Learned counsel for the petitioners submits that due to petty dispute, occurrence took place, in which, petitioners' side also sustained, regarding which, Daudpur P.S. Case No. 221 of 2018 is also instituted on the basis of written report of Sabnam Khatoon, mother of the petitioners. Further submission is that while stitch would was found at the head of informant but nature of injury has not been detailed in the impugned order and petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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., Court No. XI, Saran, in connection with Daudpur P.S. Case No. 222 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T