Patna High CourtCR. MISC./25453/2016disposed

Md. Noor Ahmad @ Noor Ahmad And ANR v. The State Of Bihar

2016-06-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25453 of 2016 Arising Out of PS.Case No. -416 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================

1. Md. Noor Ahmad @ Noor Ahmad

2. Md. Zaki Ahmad@Zaki Ahmad Both are Sons of Md. Ajad Both are resident of Mohalla- Gangjala, Fakir Tola, PS& District Saharsa. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2016 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 427, 436, 324 and 279 of the Indian Penal Code. Subsequently, Sections 354, 307, 452 and 380 of the Indian Penal Code and section 27 of the Arms Act have been added. Prosecution case is that during initiation of a proceeding under section 144 Cr.P.C. the accused persons came variously armed, attacked and damaged the house of the informant and took away the house hold articles. Md. Munna sprinkled kerosene oil over the house of the informant. Thereafter Md. Moinuddin set the house of the informant on fire. Md. Rustam while shouting the slogan entered in the house of Md. Farooque and robbed the house

Patna High Court Cr.Misc. No.25453 of 2016 (2) dt.23-06-2016 hold articles. Co-accused Md. Akram opened fire on Md. Maksood but no injury was caused. Co-accused Md. Manjar attacked with Farsa as a result injury was caused on his hand. It is submitted by the learned counsel for the petitioners that the accusation is not specific against the petitioners and in the back ground of land dispute, the accusation has been levelled. The petitioners are simply a member of the mob.

Let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Saharsa P.S.Case No. 416/2015 pending in the court of Chief Judicial Magistrate, Saharsa.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Surendra/- U