Sheikh Kari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66925 of 2018 Arising Out of PS.Case No. -87 Year- 2018 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sheikh Kari, Son of Isarail,

2. Sheikh Ijahar @ Sk. Ijahar Hussain, Son of Late Dost Mohammad, Both are resident of Village- Bairiya, Sheikh Toli, Police Station- Bairiya, District- West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar No. 7, Advocate. For the Opposite Party/s : Mr. Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2018 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Bairiya P.S. Case No. 87 of 2018 instituted for the offence under Sections 147, 148, 149, 323, 307, 354, 504 and 506/34 of the Indian Penal Code. Counsel for the petitioners submits that there is case and counter case between the parties. For the same date of occurrence, petitioner No. 1 has filed counter case against the prosecution party vide Bairiya P.S. Case No. 88 of 2018. Counsel for the petitioner submits that petitioner No. 2 is an old person aged about 70 years. Xerox copy of Aadhar Card of petitioner No. 2 has been enclosed as Annexure-6.

Patna High Court Cr.Misc. No.66925 of 2018 (2) dt.06-11-2018 2/2 The allegation against petitioner No. 2 is that he assaulted the informant with Farsa which hit in the right hand of the informant.

The injury report of the informant has been enclosed as Annexure-3 series wherein the Doctor has found defuse swelling and abrasion on his person. All the injuries found on the person of the informant were opined to be simple in nature, except injury No. 7, which is defuse swelling in his right palm. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 87 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners. (Sanjay Priya, J) S.Ali/- U T