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Patna High CourtCR. MISC./41818/2019bail granted

Md. Amrej v. The State Of Bihar

2019-07-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41818 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.

Md. Amrej Son of Md. Hafij Resident of Village- Puraini, P.S. Shrinagar, District- Madhepura.

2.

Birbal Ram Son of Late Laxmi Ram Resident of Village- Puraini, P.S. Shrinagar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 147, 148, 149, 323, 324, 325, 307, 379 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that while the informant was going to sleep, all of a sudden, the accused persons having armed with different weapons came there and started to assault him. It is also alleged that the informant was fired by the accused persons.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.41818 of 2019(2) dt.08-07-2019 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioner Nos. 1 and 2 are in custody since 2604-2019 and 01-05-2019 respectively. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Madhepura in connection with Shrinagar P.S. Case No. 13 of 2019.

(Sudhir Singh, J) A.K.V.//- U T