Md. Salauddin @ Md. Salahuddin @ Udya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5046 of 2021 Arising Out of PS. Case No.-91 Year-2020 Thana- MORKAHI District- Khagaria ====================================================== 1.
MD. SALAUDDIN @ MD. SALAHUDDIN @ UDYA, Son of Late Isha Resident of Village- Marar South, P.S.- Morkahi, District- Khagaria. 2.
Md. Anwar Son of Md. Salauddin @ Md. Salahuddin @ Udya Resident of Village- Marar South, P.S.- Morkahi, District- Khagaria. 3.
Md. Shahzada @ Sahzada Son of Md. Salauddin @ Md. Salahuddin @ Udya Resident of Village- Marar South, P.S.- Morkahi, District- Khagaria. 4.
Md. Adil Son of Md. Salauddin @ Md. Salahuddin @ Udya Resident of Village- Marar South, P.S.- Morkahi, District- Khagaria. 5.
Md. Sartaj Alam @ Sonu Son of Md. Salauddin @ Md. Salahuddin @ Udya Resident of Village- Marar South, P.S.- Morkahi, District- Khagaria. 6.
Md. Raja Son of Md. Salauddin @ Md. Salahuddin @ Udya Resident of Village- Marar South, P.S.- Morkahi, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-09-2021 Mr. Ram Sumiran Rai, learned advocate for the petitioners seeks permission to withdraw this application with respect to petitioner nos. 1, 2 and 4, who have been arrested during the pendency of this application. The application with respect to petitioner nos. 1, 2 and 4 is dismissed as having become infructuous. The petitioner nos. 3, 5 and 6 seek bail in
Patna High Court CR. MISC. No.5046 of 2021(2) dt.17-09-2021 2/3 anticipation of their arrest in connection with Mohkahi P. S. Case No. 91 of 2020, dated 29.08.2020 (G. R. No. 2594 of 2020), instituted for the offences under Sections 147, 341, 323, 307, 427, 379, 504 and 506 of the Indian Penal Code.
The accusation in the F.I.R. is of assaulting the members of the prosecution party.
The learned advocate for the petitioner nos. 3, 5 and 6 submits that there is a family dispute and the petitioners and the informant stand in the relationship of uncle and nephew. The petitioner no. 5 has also filed a case against the informant of the present case vide Morkahi P. S. Case No. 88 of 2020.
Apart from this, it has been stated that the injuries received by the victim are simple in nature. The F.I.R. also has been lodged after a delay of about one month and four days.
Considering the afore-noted aspects of the matter, the petitioner nos. 3, 5 and 6, above-named, are
Patna High Court CR. MISC. No.5046 of 2021(2) dt.17-09-2021 3/3 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 / 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, Khagaria, in connection with Mohkahi P. S. Case No. 91 of 2020, dated 29.08.2020 (G. R. No. 2594 of 2020), subject to the conditions as laid down under Section 438
(2) Cr.P.C.
The application stands disposed off.
(Ashutosh Kumar, J) skm/- U T