Mohammdin Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84201 of 2019 Arising Out of PS. Case No.-342 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== 1.

MOHAMMDIN GADDI Son of Late Pahalu Gaddi 2.

Pappu Gaddi Son of Mohammdin Gaddi 3.

Rangila Gaddi Son of Mohammdin Gaddi 4.

Hasan Gaddi Son of Mohammdin Gaddi 5.

Bandhu Gaddi @ Banuhu Gaddi Son of Late Hanif Gaddi 6.

Samiullah Gaddi @ Samullah Gaddi Son of Kalban Gaddi 7.

Habib Gaddi @ Habiba Gaddi Son of Mohammdin Gaddi 8.

Rahaman Gaddi Son of Dwarika Gaddi All are resident of Village - Bagahi, Bakuliya Tola, P.S. - Bairiya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-06-2020 Heard both sides through Video Conferencing.

The petitioners apprehend their arrest in Bairiya P.S. Case No.342 of 2019 registered under Sections 147, 148, 149, 341, 323, 307, 354(B) and 379 of the Indian Penal Code. The informant named the petitioners and alleged that they all indiscriminately assaulted the informant and when his family members came to save, the accused persons also assaulted them.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.84201 of 2019(3) dt.17-06-2020 2/2 petitioners are co-villagers of the informant. No occurrence as alleged by the informant ever took place. In fact, some scuffle took place. Neither the informant nor any family members of the informant got any injury. The petitioners have made very specific averment in para 11 of this petition that nobody from the side of the informant got any injury. Case diary is received but the investigating officer has not obtained the injury report. Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Bettiah, West Champaran in connection with Bairiya P.S. Case No.342 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T