Abulaish Mian @ Abdulaish Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40639 of 2020 Arising Out of PS. Case No.-34 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== Abulaish Mian @ Abdulaish Mian, Son Of Imam Hasan Mian Resident Of Village - Turha Patti, Tiwari Tola, P.S.- Chanpatia (Sirisia O.P.), District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar- Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-06-2021 Heard Mr. Sanjeev Kumar, the learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chanpatia (Sirisia O.P.) P.S. Case No.34 of 2019, instituted for the offences under Sections 341, 323, 307, 325, 354B/ 379, 504/ 34 of the Indian Penal Code.

The accusation against the petitioner is of having assaulted the informant on his hand by means of lathi. It has further been submitted that the dispute arose because of the fight between children when the elders

Patna High Court CR. MISC. No.40639 of 2020(2) dt.17-06-2021 2/2 also entered in the fray. The informant has suffered three injuries, two of which have been opined to be simple in nature. The third injury about which opinion has been reserved also does not appear to be grievous as it is in the nature of swelling in the elbow.

Considering the background facts and the nature of injuries primarily being simple, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia (Sirisia O.P.) P. S. Case No.34 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T