Serajul Sai @ Sirajul Sai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3882 of 2021 Arising Out of PS. Case No.-261 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

SERAJUL SAI @ SIRAJUL SAI, Son of Late Nathuni Sai Resident of Village- Piprahi, P.S.- Uchakagaon, Distt- Gopalganj. 2.

NOORAIN AHMAD Son of Fulman Sai Resident of Village- Piprahi, P.S.- Uchakagaon, Distt- Gopalganj.

3.

WAZIR ALAM S/o Dukhharan Sai Resident of Village- Piprahi, P.S.- Uchakagaon, Distt- Gopalganj.

4.

ID MOHAMMAD Son of Late Chokat Sai Resident of Village- Piprahi, P.S.- Uchakagaon, Distt- Gopalganj.

5.

SIDU SAI Son of Late Chokat Sai Resident of Village- Piprahi, P.S.- Uchakagaon, Distt- Gopalganj.

6.

SULEMAN SAI Son of Late Doma Sai Resident of Village- Piprahi, P.S.- Uchakagaon, Distt- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-07-2021 Heard Mr. Javed Aslam, learned counsel for the petitioners and Mr. Akhileshwar Dayal, learned APP for the State.

The learned counsel for the petitioners has sought permission to withdraw the application with respect to petitioner no. 3 as he has been arrested. The application with respect to petitioner no. 3

Patna High Court CR. MISC. No.3882 of 2021(2) dt.30-07-2021 2/3 is dismissed as having become infructuous.

The petitioner nos. 1-2 and 4-6 seek bail in anticipation of their arrest in connection with Uchakagaon P. S. Case No. 261 of 2020, instituted for the offences under Sections 341, 342, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. The accusation against the petitioners is of having assaulted the members of the prosecution party. The injuries suffered by all the victims are stated to be simple in nature. The occurrence arose because of throwing of garbage in the compound of the informant. It has been argued that there was a fight in the neighbourhood and in order to add seriousness to the offence, all these allegations have been levelled. Regard being had to the background facts and the nature of accusation, the petitioner no. 1-2 and 4-6, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt /

Patna High Court CR. MISC. No.3882 of 2021(2) dt.30-07-2021 3/3 production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in connection with Uchakagaon P. S. Case No. 261 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T