Md. Haider v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16204 of 2015 Arising Out of PS.Case No. -173 Year- 2014 Thana -JANDAHA District- VAISHALI (HAJIPUR) ====================================================== Md. Haider Son of Md. Rashid, Resident of village- Chakisa, P.S. Jandaha, District- Vaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nachiketa Jha, Advocate For the Opposite Party : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 The petitioner is languishing in custody since 25.02.2015 in connection with Jandaha P.S. Case No. 173 of 2014 for the offences instituted under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 and 380 of the Indian Penal Code. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 14.07.2014 at 8.30 PM while the informant was returning after closing his shop, accused persons including the petitioner assembled there and hurled abuses and when the informant protested thereto, on the order of Md. Kasim, Md. Mosim caught him with his collar and the petitioner started giving knife blow on him indiscriminately thereby causing injuries on other parts of his body and when his sons, namely, Md. Nasim and Md. Samim came in their rescue

Patna High Court Cr.Misc. No.16204 of 2015 (2) dt.09-06-2015 2/2 they were also assaulted with fists and slaps and thereafter Naushad gave knife blow on Nasim and Md. Sitare gave a knife blow on Samim in his abdomen.

It has been submitted on behalf of the petitioner that there is a case and counter case between the parties and injuries have been sustained by both the sides. Further it has been submitted that the injuries sustained on the part of the accused have not been explained by prosecution which shows that the prosecution has not come with clean hand. Further it has been submitted that the petitioner has got no criminal antecedent and he is in custody since 25.02.2015.

It has been submitted on behalf of the State that the petitioner is named in the first information report. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 173 of 2014. (Sudhir Singh, J) B.T/- U T