Ahmad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62599 of 2019 Arising Out of PS. Case No.-304 Year-2015 Thana- HARSIDHI District- East Champaran ====================================================== 1.

AHMAD KHAN Son of Rahamtullah Khan @ Bhola Khan Resident of Village - Ghiwadar, P.S.- Harsidhi, District - East Champaran 2.

Amzad Khan Son of Rahamtullah Khan @ Bhola Khan Resident of Village - Ghiwadar, P.S.- Harsidhi, District - East Champaran 3.

Asghar Khan @ Asgar Khan Son of Rahamtullah Khan @ Bhola Khan Resident of Village - Ghiwadar, P.S.- Harsidhi, District - East Champaran 4.

Barkatullah Khan Son of Late Sakur Khan @ Sakoor Khan Resident of Village - Ghiwadar, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Harsidhi P.S.Case No.304 of 2015 , registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 447, 504, 427 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR, there is allegation against the petitioners that they came variously armed and the specific allegation against the petitioner no.3 is that he assaulted by Rod to Islam Khan causing injury to him and there is also allegation against the

Patna High Court CR. MISC. No.62599 of 2019(4) dt.09-12-2019 2/2 petitioner no.4 that he assaulted the informant, when he came to save him.

Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioner nos. 1 and 2, moreover the injuries are simple in nature, which will appear from the case diary and there is case and counter case between the parties.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Harsidhi P.S.Case No.304 of 2015, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T