Patna High CourtCR. MISC./25182/2016bail granted

Md. Mosam @ Mosim And ORS v. The State Of Bihar

2016-06-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25182 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -DHURAIYA District- BANKA ======================================================

1. Md. Mosam @ Mosim, son of Md. Razzaque

2. Md. Mobarak @ Mubarak, son of Sheikh Usman

3. Md. Mahfuj @ Mahfuj, son of Sheikh Rustam

4. Md. Sazzad Hussain @ Md. Sazzad, son of Sheikh Hafiz

5. Md. Ziyaul @ Ziyaul, son of Jumrati

6. Md. Rahul @ Shekh Rahul, son of Shekh Khurshid

7. Md. Ibrahim @ Ibrahim, son of Sheikh Pairu All are resident of village Uchchadiha, P.S. Dhoraiya, District Banka .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mrs. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-06-2016 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under sections 147, 148, 323, 325, 436, 308 of the Indian Penal Code.

Prosecution case is that in the background of dispute between the nephew of the informant and the accused persons with regard to illegal electricity connection, the accused persons started abusing and petitioner no.4 Md. Sazzad assaulted his nephew with stone causing injury below the eye. Thereafter petitioner no.5 Ziyaul set fire on his own house. It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.25182 of 2016 (2) dt.21-06-2016 that all the injuries caused on the informant were found to be simple in nature. A statement has been made in paragraph 3 of the application that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, in the event of their arrest or surrender before the court below within a period of twelve weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in Dhoraiya P.S.Case No. 66/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Surendra/- U