Shamshuddin Miya @ Samsu [email protected] ... vs The State Of Bihar
2021 Latest Caselaw 2927 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 3340 of 2021
               Arising Out of PS Case No.-66 Year-2020 Thana- KONCH District- Gaya
      ======================================================

1. Shamshuddin Miya @ Samsu Mian @ Md. Shamshuddin, aged about 50 years, Male, Son of Late Elahi Mian.

2. Md. Moin Mian, aged about 67 years, Male, Son of Late Elahi Mian.

3. Tabrez Alam @ Md. Tabrez, aged about 20 years, Male, Son of Ali Imam.

4. Md. Parvez, aged about 20 years, Male, Son of Ali Imam.

5. Md. Suraj Mian @ Suraj Raj, aged about 20 years, Male, Son of Naim Mian.

All Resident of Village- Amwan, PS- Konch, District- Gaya.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

      For the Petitioner/s    :        Mr. Surendra Kumar Singh, Advocate
      For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-07-2021

The matter has been heard via video conferencing.

2. On 25.05.2021, the application on behalf of

petitioners no. 3, 4 and 5, namely, Tabrez Alam @ Md. Tabrez;

Md. Parvez and Md. Suraj Mian @ Suraj Raj, was withdrawn and

thus, restricted to petitioners no. 1 and 2, namely, Shamshuddin

Miya @ Samsu Mian @ Md. Shamshuddin and Md. Moin Mian.

3. Heard Mr. Surendra Kumar Singh, learned counsel

for the petitioners no. 1 and 2 and Mr. Md. Arif, learned

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

Patna High Court CR. MISC. No.3340 of 2021 dt.01-07-2021

4. The petitioners no. 1 and 2 apprehend arrest in

connection with Konch PS Case No. 66 of 2020 dated 12.03.2020,

instituted under Sections 147, 148, 149, 341, 323, 324, 307, 379

and 153A of the Indian Penal Code.

5. The allegation against the petitioners is that during a

cultural programme, on the eve of Holi, the petitioner no. 1 had hit

on the head of the informant with rod causing injuries and the

petitioners were armed with garasa, spear, gun, iron rod and

sword and had assaulted resulting in injury to five persons and

they had also snatched gold chain from the informant's neck.

6. Learned counsel for the petitioners submitted that the

dispute occurred due to some fight between children of the two

sides and for the same incident, petitioner no. 1 has lodged Konch

PS Case No. 60 of 2020 on the same day under Sections 147, 148,

149, 341, 323, 324, 307, 379 and 153A of the Indian Penal Code.

It was submitted that the injuries were sustained on both sides and

all are simple and superficial in nature. In support thereof, learned

counsel drew the attention of the Court to copies of the injury

reports, which have been annexed with the petition, of the persons

in both the cases. However, it was submitted that the dispute has

since been amicably settled and there is peace between the parties.

Learned counsel submitted that the petitioners have no criminal Patna High Court CR. MISC. No.3340 of 2021 dt.01-07-2021

antecedent and it was a minor misunderstanding between the

parties.

7. Learned APP submitted that there is allegation of

assault causing injury. However, It was not controverted that for

the same incident, there is a counter case and further that from the

injury reports brought on record, it transpires that the same are

simple in nature.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner 1 namely, Shamshuddin Miya @

Samsu Mian @ Md. Shamshuddin and petitioner no. 2 namely,

Md. Moin Mian be released on bail upon furnishing bail bonds of

Rs. 25,000/- (twenty five thousand) each with two sureties of the

like amount each to the satisfaction of the learned 3 rd Additional

Chief Judicial Magistrate, Gaya in Konch PS Case No. 66 of

2020, subject to the conditions laid down in Section 438(2) of the

Code of Criminal Procedure, 1973 and further, (i) that one of the

bailors shall be a close relative of the petitioners no. 1 and 2, (ii)

that the petitioners no. 1 and 2 and the bailors shall execute bond

and give undertaking with regard to good behaviour of the

petitioners no. 1 and 2 and (iii) that they shall co-operate with the Patna High Court CR. MISC. No.3340 of 2021 dt.01-07-2021

police/prosecution and the Court. Any violation of the terms and

conditions of the bonds or the undertaking or failure to co-operate

shall lead to cancellation of their bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners no.

1 and 2, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of hearing

to the petitioners no. 1 and 2.

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T