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Patna High CourtCR. MISC./51257/2014bail granted

Sagir Mian And ANR. v. The State Of Bihar

2015-03-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51257 of 2014 Arising Out of PS.Case No. -70 Year- 2012 Thana -BARGANIA District- SITAMARHI ======================================================

1. Sagir Mian Son of Sri Mohamaddin Mian

2. Md Khurshid Son of Sri Nasrul Mian Both R/o Village Bhatolia, P.S. Bargania, in the district of Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Prasad Singh, Sr. Advocate With Mr. Abhishek Anand, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2015 Heard learned counsel for the petitioners and the State. Petitioners seek bail in a case registered for offences punishable under Sections 148, 149, 323, 341, 427, 504, 324, 325, 326, 307, 379, 504 and 509 of the Indian Penal Code and Section 27 of Arms Act.

Learned Sr. Counsel appearing on behalf of the petitioners has submitted as regards petitioner No. 1 is that it is alleged that he gave knife blow to the informant whereas the petitioner No. 2, gave lathi blow to Jamila Khatoon. He has drawn my attention to the injury report (Annexre-2 and 3) to submit that the injuries are simple in nature, except injury No. 2 in case of

Patna High Court Cr.Misc. No.51257 of 2014 (2) dt.03-03-2015 2/2 Jamila Khatoon.

Learned Sr. counsel for the petitioners further submits that so far as the petitioner No. 2 is concerned, he is said to have given lathi blow to the informant. He further submits that there has been inordinate delay in lodging the complaint case in as much as the occurrence took place on 26.05.2012, where as the complaint case was lodged on 15.6.2012. He further submits that the reason behind the occurrence is land dispute between the parties. Considering the facts and circumstances, the above named petitioners, Sagir Mian and Md. Khursaid are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S.Case No. 70 of 2012. (Chakradhari Sharan Singh, J) Sudha/- U T