Md. Kayum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80873 of 2019 Arising Out of PS. Case No.-472 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

MD. KAYUM Son of Md. Taslim Resident of Village - Bagwara, P.S.- Mufassil (Singhoul), District - Begusarai.

2.

Md. Ahmad Son of Md. Taslim Resident of Village - Bagwara, P.S.- Mufassil (Singhoul), District - Begusarai.

3.

Md. Fida Hussain Son of Md. Kayum Resident of Village - Bagwara, P.S.- Mufassil (Singhoul), District - Begusarai.

4.

Md. Hasnain Son of Md. Kayum Resident of Village - Bagwara, P.S.- Mufassil (Singhoul), District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant and her family members by means of lathi, danda, bamboo and rod, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.80873 of 2019(2) dt.10-12-2019 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Mufasil P.S. case No.472 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T