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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89192 of 2024 Arising Out of PS. Case No.-309 Year-2024 Thana- SUPAUL District- Supaul ======================================================
1. Md. Ibrahim, S/o Late Md. Nazir @ Late Md. Najib, R/o vill - Surtipatti, ward no. 02, P.S. - Supaul, Distt.- Supaul
2. Md. Arshad, S/o Md. Ibrahim, R/o vill - Surtipatti, ward no. 02, P.S. - Su- paul, Distt.- Supaul
3. Md. Sarvar @ Md. Sarvar Alam, S/o Md. Ibrahim, R/o vill - Surtipatti, ward no. 02, P.S. - Supaul, Distt.- Supaul
4. Md. Afazal, S/o Md. Ibrahim, R/o vill - Surtipatti, ward no. 02, P.S. - Supaul, Distt.- Supaul
5. Md. Faisal, S/o Md. Ibrahim, R/o vill - Surtipatti, ward no. 02, P.S. - Supaul, Distt.- Supaul
6. Md. Abatkhar @ Md. Istekhar, S/o Md. Ibrahim, R/o vill - Surtipatti, ward no. 02, P.S. - Supaul, Distt.- Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyam Anand, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 08-01-2025 Heard Mr. Satyam Anand, learned Advocate appear- ing on behalf of the petitioners and Mr. Sanjay Kumar Singh, learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Supaul P.S. Case No. 309 of 2024, registered for the of- fences punishable under Sections 341, 323, 324, 307, 325, 504, 506 and 34 of the Indian Penal Code. 3. Allegedly all the petitioners surrounded the sons of
Patna High Court CR. MISC. No.89192 of 2024(2) dt.08-01-2025 2/3 the informant and brutally assaulted them. It is specifically al- leged that on the exhortation made by petitioner no. 1 to kill the sons of the informant, Md. Arshad and Md. Sarbar, assaulted on the head of Md. Abid and Md. Saddam by means of iron rod. It is further alleged that Md. Afzal assaulted on the hand of Md. Javed, causing fracture injury. 4. Learned Advocate appearing on behalf of the peti- tioners drawing the attention of this Court to the impugned order submitted that the informant is not an eye witness to the alleged occurrence and omnibus allegation of assault has been levelled, however the injuries sustained to the victims have been found to be simple in nature.
In fact, there is a long standing dispute be- tween the parties, resulting into case and counter case bearing Supaul P.S. Case No. 320 of 2024 registered by petitioner no. 1. The petitioners bears fair antecedent. All the more, there is a de- lay of two days in lodging of the FIR. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the FIR clearly discloses that on account of assault fracture injury has been received by one of the son of the informant. 6. Regard being had to the submissions made on be- half of the parties and considering the simple nature of injuries
Patna High Court CR. MISC. No.89192 of 2024(2) dt.08-01-2025 3/3 and the fair antecedent of the petitioners coupled with the long standing enmity between the parties, let the petitioners above named be released on bail, in the event of their arrest or surren- der before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon fur- nishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 309 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T