Patna High CourtCR. MISC./39442/2018bail granted

Disko Mian And ORS v. The State Of Bihar

2018-07-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39442 of 2018 Arising Out of PS.Case No. -148 Year- 2013 Thana - BELDAUR District- KHAGARIA =====================================

1. Disko Mian S/o late Barik Mian

2. Afaj Alam @ Efaj Alam S/o Md. Mashud

3. Md. Faiyaj S/o Salim All residents of village - Dighaun, P.S. Beldaur, District - Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2018 The petitioners seek bail in anticipation of their arrest in connection with Beldaur P.S. Case No. 148 of 2013 dated 01.11.2013 instituted for the offences under Sections 147, 149, 342, 323, 324, 307 of the Indian Penal Code. The petitioners and five others are alleged to have assaulted the informant and others leading to injuries on their person.

The police after investigation submitted charge-sheet only under the bailable Sections 147, 149, 342, 323 of the Indian Penal Code. The learned Magistrate, however, differing with the police report has taken cognizance under Section 307 of the Indian Penal Code as well.

Patna High Court Cr.Misc. No.39442 of 2018 (2) dt.19-07-2018 2/2 Regard being had to the fact that the allegations against the petitioners are general and omnibus in nature and no serious injury is reported on anybody, the petitioners above named, in the event of their arrest or surrender before learned Court below within a period of four weeks from today, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Beldaur P.S. Case No. 148 of 2013 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) Shageer/- U T