IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35558 of 2020

Arising Out of PS. Case No.-209 Year-2020 Thana- CHANPATIA District- West Champaran

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1.

Aslam Sheikh Son of Sheikh Nasim @ Nasim Sheikh Resident of Village-

Senwariya Tola Bharha, Police Station-Chanpatia (Sirisiya O.P.), District-

West Champaran.

2.

Muslim Sheikh Son of Sheikh Nasim @ Nasim Sheikh Resident of Village-

Senwariya Tola Bharha, Police Station-Chanpatia (Sirisiya O.P.), District-

West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Sachida Nand Rai

For the Opposite Party/s :

Mr.A.G.

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

3

29-01-2021

Heard both parties.

The petitioners seek bail in Chanpatia (Sirisiya OP))

P.S. Case No. 209 of 2020, registered for the offence punishable

under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the

Indian Penal Code.

As per prosecution case, on the alleged date of

occurrence, petitioner no. 1 and co-accused Hasmuddin are

alleged to have assaulted the nephew of informant by lathi on

his neck and head. Petitioner no. 2 is alleged to have assaulted

the informant by iron rod on his head. Later on nephew of the

informant succumbed to the injuries.

It is submitted on behalf of the petitioners that there is

Patna High Court CR. MISC. No.35558 of 2020(3) dt.29-01-2021

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land dispute between the parties. Specific allegation of assault

by lathi on the head and neck of deceased is against petitioner

no. 1, causing death of deceased, but in the postmortem report

no such injury was found on the person of deceased. Petitioner

no. 2 is alleged to have assaulted the informant by iron rod

causing simple injury to him. Petitioners are in custody since

17.05.2020.

However, learned APP vehemently opposed the bail

application and submitted that deceased died due to assault

which is attributed to petitioner no. 1.

So far as the case of Aslam Sheikh petitioner no. 1 is

concerned, there is specific allegation of assault against him

causing death of informant’s nephew, therefore, I am not

inclined to enlarge him on bail. Accordingly, the same is

rejected.

Considering the fact that Muslim Sheikh petitioner no.

2 is only alleged to have caused simple injury to the informant

and there is land dispute between the parties, Muslim Sheikh

petitioner no. 2, is directed to be enlarged on bail on furnishing

bail bond of Rs. 10,000 (Ten thousand) with two sureties of the

like amount each to the satisfaction of the learned Chief Judicial

Magistrate, Bettiah, West Champaran in connection with

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Chanpatia (Sirisiya OP) P.S. Case No. 209 of 2020, subject to

following conditions:-

(i) The petitioner shall co-operate in the trial and shall

be properly represented on each and every date fixed by the

court and shall remain physically present as directed by the

Court and in the event of failure on two consecutive dates

without sufficient reasons, his bail bond shall be liable to be

cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

witnesses of the case, in that case, prosecution will be at liberty

to move for cancellation of bail of the petitioner.

vinita/-

(Prabhat Kumar Singh, J)

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