Md. Yunus @ Md. Yunus Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48255 of 2015 Arising out of PS.Case No. -302 Year- 2014 Thana -PIPRA District- EAST CHAMPARAN(MOTIHARI) ====================================================== Md. Yunus @ Md. Yunus Miya, son of Eshahaque Mian, resident of village - Sahasijagiraha, Police Station - Pipara, District - East Champaran at Motihari.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Binay Kumar, Advocate. For the Opposite Party : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2016 Heard learned counsels for the petitioner, informant and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Pipra P.S. Case No. 302 of 2014 for the offences instituted under Sections 341, 323, 324, 504, 506/34 of the IPC and 3(1)(x) of the SC/ST (Prevention of Atrocities) Act). The prosecution story, in brief, is that on 24.12.2014 at 4.25 P.M. the informant was sitting at his Darwaza and construction work of road was going on. The accused persons were creating hindrance and on protest the informant was abused by saying his caste name and the petitioner ordered to his father and son to assault the Dhobi, they assaulted the informant with Farsa and rod and his nephew Ramjee Baitha came to save the informant, he was also assaulted. The accused persons split upon
Patna High Court Cr.Misc. No.48255 of 2015 (2) dt.01-02-2016 2/2 the nephew of the informant.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is a case and counter case. All the offences are bailable except for the offence under SC/ST Act. In course of investigation, the police has submitted final form against the petitioner. There is title suit also pending between the parties.
On behalf of the learned counsels for the informant and the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Pipra P.S. Case No. 302/2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T