Md. Ishaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63344 of 2023 Arising Out of PS. Case No.-69 Year-2022 Thana- ABADPUR District- Katihar ====================================================== 1.

Md. Ishaque, son of Late Giyasuddin, Village- Shikarpur, P.S.- Abadpur, Dist- Katihar 2.

Md. Samiul, son of Md. Tamtul, Village- Shikarpur, P.S.- Abadpur, DistKatihar ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Vaishnavi Singh, Advocate For the State :

Mr. Lalan Kumar, APP For the Informant :

Mr. Bhola Prasad, Advocate Mr. Indrajeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the Informant.

2. The petitioners seek bail in a case instituted for the offences under Sections 341, 323, 324, 307, 427, 504, 506 and 34 of the Indian Penal Code.

3. As per the allegation, the informant alleged that the accused persons assaulted her, her husband and her brother-inlaw by means of lathis, dandas, bhalas and Hasuas when they were working at their field and in the alleged incident, they sustained injuries.

4. It has been submitted on behalf of the petitioners that the petitioner nos. 1 and 2 are in custody since 03.07.2023

Patna High Court CR. MISC. No.63344 of 2023(2) dt.10-10-2023 2/2 and 06.07.2023 respectively. The petitioner No.1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of accused persons have not been disclosed by the prosecution. The prosecution has not come with clean hands.

5. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named, 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 the Court below/concerned Court in connection with Abadpur P.S. Case No. 69 of 2022.

(Sudhir Singh, J) annu/- U T