Shaikh Khurshed @ Sk. Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.99 of 2023 Arising Out of PS. Case No.-242 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== 1.

SHAIKH KHURSHED @ SK. KHURSHID Son of Late Shaikh Shamsul @ Late Sk. Shamshool Resident of Village - Nautanwa, Police Station - Shikarpur, District - West Champaran at Bettiah. 2.

Shaikh Anwar @ Anwar Shekh Son of Late Shaikh Shamsul @ Late Sk. Shamshool Resident of Village - Nautanwa, Police Station - Shikarpur, District - West Champaran at Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-03-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. At the very outset, the learned counsel for the petitioner has submitted that in the prayer portion of this petition, in place of "year 2020", it has wrongly been typed as "year 2022" and has made a request to rectify the same. The learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of this petition, in course of the day.

The petitioners are seeking regular bail in connection with Shikarpur P.S. Case No. 242 of 2020, registered for the

Patna High Court CR. MISC. No.99 of 2023(2) dt.27-03-2023 2/3 offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307 of the Indian Penal Code and Section 27 of Arms Act.

As per allegation, when the informant went to the house of Suresh Pandit to demand his dues for diesel supply, the named accused persons encircled him. Petitioner no. 1 inflicted farsa blow on his head and petitioner no. 2 inflicted garrasa blow on his left hand. Co-accused Seikh Mahtab assaulted him on his right hand.

The learned counsel for the petitioner has submitted that though the anticipatory bail of the petitioners was rejected by this Court, but they are under custody since 29.09.2022. There is case and counter case and the case lodged by the petitioners' side is prior to the present case. He has submitted further that there is long-drawn enmity between the parties regarding land dispute and the cases mentioned in paragraph no. 3 of the bail petition are between the parties. Considering the above-mentioned facts and circumstances as well as the period of custody, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West

Patna High Court CR. MISC. No.99 of 2023(2) dt.27-03-2023 3/3 Champaran at Bettiah in connection with Shikarpur P.S. Case No. 242 of 2020, subject to the following conditions: (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T