Md. Sofiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77172 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.
Md. Sofiyan Son of Md. Jafir Alam Resident of Village- Dhurwar, P.S.- Parsauni, District- Sitamarhi 2.
Md. Shamshad @ Md. Shamshad Alam @ Md. Samsad @ Md. Samsad Alam Son of Md. Fakhruddin Resident of Village- Dhurwar, P.S.- Parsauni, District- Sitamarhi 3.
Md. Danish @ Danish Raja S/O Md. Jafir Alam Resident of VillageDhurwar, P.S.- Parsauni, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Kumar, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2024 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Parsauni PS case no. 101 of 2024, disclosing offences punishable under Section 126 and other allied sections of the B.N.S. Act, 2023.
3.
The prosecution story, as per the First Information Report, is that on 09.07.2024, while the informant was returning back after taking petrol, he was intercepted by the petitioners along with other accused persons. Petitioner no. 3 caught hold of his collar and petitioner no. 2 gave knife to petitioner no. 3,
Patna High Court CR. MISC. No.77172 of 2024(2) dt.20-11-2024 2/3 by which petitioner no. 3 inflicted knife blow to the informant, due to which, he sustained injury on his cheek. Petitioner no. 1 assaulted with fists and slaps.
4.
Learned Counsel for the petitioners submits that both parties are co-villagers and dispute between them had arisen during Tajiya procession on 08.07.2024. Learned counsel further submits that petitioners are having no criminal antecedent and they are very young, aged about 19, 20 and 24 years. He also submits that injury caused to the informant is not serious in nature. The learned Sessions Judge, in the impugned order, has recorded that fortunately, the knife caused injury on cheek otherwise, the knife blow inflicted by petitioner no. 3 might endangered the life of the informant.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that occurrence took place due to Tajiya procession and that the petitioners are having no criminal antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioners. 6.
This application is, accordingly, allowed.
7.
Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.77172 of 2024(2) dt.20-11-2024 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st class-cum-Additional Munsif, Sitamarhi in connection with Parsauni PS case no. 101 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T