Mithun Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40536 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- AMDABAD District- Katihar ====================================================== 1.

MITHUN NADAF, aged about 20 years, Male, Son of Atim Nadaf R/ONavratanpur, P.S.- Amdabad, Distt. - Katihar 2.

Pilwa Nadaf, aged about 21 years,d Male, Son of Mustikim Nadaf, R/ONavratanpur, P.S.- Amdabad, Distt. - Katihar ... Petitioners

Versus

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

For the Petitioners :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Amdabad P.S. Case No. 7 of 2019 for the offences alleged under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

The accusation is that 11 persons named in the first information report having lathi, danda and iron rod in their hand came near the informant, Md. Jamaluddin, and started abusing him. At that time Atim Nadaf caused injury at the head of the informant and Gaisul Nadaf caused injury by lathi at fore-head of Jamshed Ansari, the brother of the informant. The accused persons also caused injury to Imarati Khatoon. The learned counsel appearing for the petitioners submits that there is general allegation against all the accused persons to cause injury. Four injuries are found on the person of

Patna High Court CR. MISC. No.40536 of 2019(2) dt.02-07-2019 2/2 Imarati Khatoon, which are simple in nature. Further submission is that the occurrence of scuffle took place due to land dispute in which petitioners also got injury and lodged a counter case, being Amdabad P.S. Case No. 8 of 2019, against the informant and others.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Amdabad P.S. Case No. 7 of 2019 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Dharmendra Singh, Judicial Magistrate, 1st Class, Katihar, subject to the conditions as laid down under Section 438(2) Criminal Procedure. (Rajendra Kumar Mishra, J) Shamshad/- U T