Patna High CourtCR. MISC./50561/2015partly allowed disposal

Abdul Samad And ANR v. The State Of Bihar

2015-12-21Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50561 of 2015 Arising Out of PS. Case No. -558 Year- 2015 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Abdul Samad, son of Late Sk. Liyakat

2. Md. Jabed, son of Abdul Samad Both resident of Village- Sinrauli, Yadav Tola, P.S.- K. Hat (Madhuban T.O.P.), District- Purnea.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh-I (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-12-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Sections 341, 323, 307, 504/34 of the Indian Penal Code. It has been alleged that petitioner no.1 assaulted the husband of the informant with rod on his head, on account of which there is bleeding injuries.

Counsel for the petitioners submits that his side has instituted the case first against the prosecution side. Furthermore, there was free fight, in which both sides sustained injuries. Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, petitioner no.2, Md. Jabed, be

Patna High Court Cr. Misc. No.50561 of 2015 (3) dt.21-12-2015 2 / 2 released on bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with K. Hat (Madhubani) P.S. Case no. 558 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C. Petitioner no.1, Abdul Samad, should surrender before the court below within four weeks and pray for regular bail, which would be disposed of preferably on the same day taking into consideration that the informant sustained simple injury. With the aforesaid observation, the anticipatory bail of petitioner no.1 is disposed of.

(Samarendra Pratap Singh, J.) Uday/- U T