Ali Asgar @ Nazar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24784 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Ali Asgar @ Nazar, son of Aiyaz Ali Najjo @ Nazar @ Niyaz Ali Najjo, Resident of Village- Kumhrauli, P.S.- Kamtaul, District-Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel, appearing for the informant.

Petitioner seeks bail in a case registered under Section-307, 149 & other minor sections of the Indian Penal Code. Altogether 25 persons, including the petitioner, are said to have gone to the house of informant and assaulted him by means of different weapons. So far as petitioner is concerned; it is stated that he gave one sword blow, causing head injury to the informant Waquar Ahmed.

Learned counsel for the petitioner drew my attention towards Annexure-4 to the petition and submits that the informant sustained altogether three injuries, out of which, one injury which

Patna High Court Cr.Misc. No.24784 of 2016 (2) dt.20-06-2016 2/2 was found on the head of the informant, is said to be incised wound but simple in nature. It is further submitted that as a matter of fact, there is case and counter case between the parties and both parties sustained injury. It is submitted that the petitioner, too, sustained altogether 6 injuries on his person, which is evident from perusal of injury report of the petitioner.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kamtaul P.S. Case No. 61 of 2016 to the satisfaction of Shri Shameem Raza, learned Judicial Magistrate, Ist Class, Darbhanga.

(Hemant Kumar Srivastava, J) A.K.V./- U T