Patna High CourtCR. MISC./21423/2016allowed

Md. Shakim And ORS v. The State Of Bihar

2016-05-19Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21423 of 2016 Arising Out of PS.Case No. -50 Year- 2015 Thana -RAUTARA District- KATIHAR ======================================================

1. Md. Shakim

2. Md. Nazir @ Nazir Hussain

3. Md. Wazir

4. Md. Kadir @ Kadir Ali @ Kadir Petitioner No. 1 to 4 sons of Nausad Ali

5. Mahboob Alam, son of Md. Musha

6. Nausad Ali, son of Samiruddin

7. Hajarat Ali, Son of Suleman All the above resident of village- Churlighat, P.S.- Rautara, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jibendra Mishra For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case instituted under Sections 147, 341, 323, 325, 384, 379, 504/34 of Indian Penal Code.

Learned counsel for the petitioners submits that the instant case is a counter blast to the earlier case filed by them. As per the FIR, the accused persons on 25.10.2015, prevented the informant from cutting the tree and on refusal, the accused persons assaulted him. It is alleged that Petitioner No. 1, Md. Shakim inflicted sickle blow above the neck of the informant

Patna High Court Cr.Misc. No.21423 of 2016 (2) dt.19-05-2016 2/2 causing simple injury. Learned counsel for the petitioners submits that Petitioner No. 1 has been struck by bhala by the prosecution side and for which he is undergoing treatment in the hospital. In support of their submission, petitioners have annexed Annexure-5. Having regard to the facts of the case, in case of arrest/surrender, let the petitioners named above, be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction Sri M.K. Jha, J.M. 1st Class, Katihar, in connection with Rautara P.S. Case No. 50 of 2015.

(Samarendra Pratap Singh, J) kunal/- U T