Samim Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79394 of 2019 Arising Out of PS. Case No.-160 Year-2019 Thana- BHANGWANPUR HAT District- Siwan ====================================================== 1.

SAMIM MIYA Son of Muslim Miya 2.

Saddam Miya Son of Samim Miya 3.

Asraf Ali @ Asraf Miya Son of Samim Miya 4.

Muslim Miya Son of Sobrati Miya All Resident of Village - Barka Gaon Dakshin Tola, P.S.- Bhagwanpur Hat, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bhagwanpur P.S. Case No.160/2019 disclosing the offence under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

It is evident from the First Information Report that the alleged occurrence had taken place over some petty dispute arising out of quarrel among the children of two families. It is alleged against the petitioner no.1 that he assaulted the informant with farsa in his head causing serious injuries. There is allegation against other petitioners of having assaulted the informant and instigated others to make assault.

Patna High Court CR. MISC. No.79394 of 2019(2) dt.18-12-2019 2/2 Learned counsel for the petitioners has referred to the injury reports to contend that the injury has been found to be simple in nature.

Be that as it may, considering the genesis of allegation, the nature of allegation, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Judicial Magistrate, Ist Class, Siwan in Bhagwanpur P.S. Case No.160/2019 , subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Prakash Narayan /- U T