Patna High CourtCR. MISC./55324/2023bail granted

Sadhu Miya @ Samim Akhtar v. The State Of Bihar

2023-09-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55324 of 2023 Arising Out of PS. Case No.-196 Year-2022 Thana- JALALPUR District- Saran ====================================================== 1.

SADHU MIYA @ SAMIM AKHTAR S/O LATE RAFI MIYA R/O VillageRampur Noor Nagar (Kanhi), P.S- Jalalpur, Distt.- Saran (Chhapra). 2.

Sikari Miya @ Sikandar S/O Yakurf Miya @ Akub Miya R/O VillageRampur Noor Nagar (Kanhi), P.S- Jalalpur, Distt.- Saran (Chhapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar , Advocate Mr. Munna Kumar Upadhyay , Advocate For the Opposite Party/s :

Mr. Shailendra Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 , 341 , 323 , 32, 307, 354, 379 and 504 of the Indian Penal Code.

3. It is alleged that on 03.07.2022 at about 10 AM due to land dispute these petitioners along with other co-accused persons began ploughing informant's plot, On protest by the informant, all the accused persons assaulted him with lathi, danda and iron-rod in which he sustained injury . It is further alleged that they also snatched Rs . 2000/- from his possession .

4. It is submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.55324 of 2023(3) dt.05-09-2023 2/2 specific allegation of assault is against other co-accused persons, so far as these petitioners are concerned there is general and omnibus allegation against them. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of A . C . J . M.-XIII, Chhapra in connection with Jalalpur P.S. Case No. 196 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T