Md. Safik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1878 of 2023 Arising Out of PS. Case No.-156 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

Md. Safik Son of Late Khudabaks Resident of Village- Haripur Tole Badiya, P.S.- Ghanshyampur, District- Darbhanga 2.

Md. Salim @ Md. Sulim Son of Md. Rafik @ Md. Safik Resident of Village- Haripur Tole Badiya, P.S.- Ghanshyampur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-04-2023 1.

Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2.

Heard learned counsel for the petitioners and the learned APP for the State.

3.

Petitioners seek regular bail in connection with Ghanshyampur P.S. Case No. 156 of 2022 dated 16.06.2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code. 4.

The main submissions advanced by learned counsel for petitioners are that altogether twenty-four named and twenty to twenty-five unknown persons have been made accused in the FIR, though the petitioners are named in the FIR but against them there

Patna High Court CR. MISC. No.1878 of 2023(2) dt.24-04-2023 2/2 is no specific allegation and two co-accused persons Ali Akabar and Md. Nadaf are specifically alleged to have assaulted the deceased, the petitioner no. 1 is seventy-three years old and both the petitioners are simply alleged to be members of alleged unlawful assembly. Further submissions are that on the person of the injured Suraj Kumar one injury was found and the same was opined to be simple in nature and on the deceased Dharam Kumar only two injuries were found and the same were specifically attributed against the co-accused Ali Akabar and Md. Nadaf. Further submission is that both the petitioners have fair and clean antecedent and have been languishing in jail since 17.06.2022. 5.

Learned APP for the State has opposed the bail prayer of the petitioners.

6.

Considering the above submissions made by learned counsel for the petitioners, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named above be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned Court in connection with Ghanshyampur P.S. Case No. 156 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T