Md. Shamshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84050 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== 1.

MD. SHAMSHAD SON OF MD. SHAUKAT R/O VILLAGEMOKHACHAK, WARD NO. 17, P.S.- BAKHRI, DIST.- BEGUSARAI 2.

MD. SHAUKAT SON OF MD. ISRAEEL R/O VILLAGEMOKHACHAK, WARD NO. 17, P.S.- BAKHRI, DIST.- BEGUSARAI 3.

MD. AKHTAR SON OF MD. TEJAMUL R/O VILLAGE- MOKHACHAK, WARD NO. 17, P.S.- BAKHRI, DIST.- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Bakhri P.S. Case No. 72 of 2023, registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3. In the back drop of trivial issue of quarrel among the children, the dispute arose and consequently the accused persons having been armed with weapon, came to the informant's house and started abusing the informant and assaulted him by kicking, punching and hitting with khatni, garsa etc., as a result of which, he sustained head injuries.

Patna High Court CR. MISC. No.84050 of 2023(3) dt.07-03-2024 2/2

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. They are the persons of clean antecedents. He has submitted further that the FIR itself shows that the occurrence had taken place on trivial issue of quarreling of children. The injuries are simple in nature.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, 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, Begusarai in connection with Bakhri P.S. Case No. 72 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Nirmal/- U T