Sheikh Amjad @ Amjad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41101 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== 1.

SHEIKH AMJAD @ AMJAD ALAM SON OF SHEIKH MUNNA RESIDENT OF VILLAGE BHADBHADWA, P.S.-PURUSHOTTAMPUR, DISTRICT-WEST CHAMPARAN.

2.

SHEIKH KHURSHED @ SHEIKH KHURSHID SON OF SHEIKH MUNNA RESIDENT OF VILLAGE BHADBHADWA, P.S.- PURUSHOTTAMPUR, DISTRICT-WEST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, APP For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of regular bail in connection with Purshottampur P.S. Case no. 44 of 2020 registered under sections 307, 341, 323, 324, 379, 354B, 504, 506 and 34 of the Indian Penal Code.

As per allegation in the FIR, over a dispute relating to flow of water, it is stated by the informant that the accused persons including the two petitioners herein came variously armed and assaulted different persons as given in detail in the FIR. The allegation of assault by petitioner no. 1 is on Sheikh Sagir and by petitioner no. 2 is on Sheikh Nawab Alam. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.41101 of 2020(3) dt.17-03-2021 2/2 that the allegations as narrated in the FIR are false and incorrect. There is case and counter case between the parties. So far as the injury report on Sheikh Nawab is concerned, the same has been found to be simple in nature. There is no injury report available so far as Sheikh Sagir is concerned. The petitioners have no criminal antecedent and are in custody since 9.6.2020. Chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners together with the period in custody, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Purushottampur P.S. Case no. 44 of 2020 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Bettiah, West Champaran. (Partha Sarthy, J) sushma/- U