Patna High CourtCR. MISC./64638/2018bail granted

Riyaz And ORS v. The State Of Bihar

2018-10-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64638 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -POTHIYA District- KISANGANJ ======================================================

1. Riyaz Son of Yusuf

2. Gajnafar Son of Yusuf

3. Shahid Son of Zubair @ Zubair Alam

4. Nahaider @ Nahilluh Haider @ Nurhaider Son of Riyaz

5. Metebul son of Jafizul Rahman

6. Taslim Son of Hafizul Rahman

7. Shahan Sah Son of Hafizul Rahman All residents of Village Nadiagachh P.S. Pothia,Distt. Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Pothia P.S. Case No. 19/2018, instituted for the offences under Sections 341, 323, 504, 506, 325, 379 and 447/34 of the Indian Penal Code. It is alleged in the written report that the petitioners after forming unlawful assembly assaulted the family members of informant with lathi, danda etc. causing them injury. Learned counsel for the petitioners has submitted that there is case and counter case between the parties. The instant case is counter blast of Pothia P.S. Case No. 18/2018. It is further

Patna High Court Cr.Misc. No.64638 of 2018 (2) dt.31-10-2018 2/2 submitted that petitioners' side have also sustained injuries. Injury report of petitioners' side is annexed as Annexure-6 series. Injury report of informant's side is annexed as Annexure-7 series. From the written report, it appears that there is land dispute between the parties. Petitioners are in custody since 29.08.2018. Considering the aforesaid fact and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released 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 learned S.D.J.M., Kishanganj, in connection with Pothia P.S. Case No. 19/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J.) Rakhi U T