Md. Nasim And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2383 of 2016 Arising Out of PS.Case No. -76 Year- 2015 Thana -AMAUR District- PURNIA ======================================================
1. Md. Nasim son of Masar Ali
2. Md. Mohib son of Md. Islam
3. Md. Murshid son of Md. Islam
4. Md. Zahid son of Md. Hasim All are resident of village- Milky, P.S.- Amour, District- Purnea. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Bidhu Ranjan, Advocate For the State : Mr. Arvind Kumar Panday, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Amour P.S. Case No. 76 of 2015 registered under Sections 147, 148, 323, 324, 307, 379, 448 and 504 of the Indian Penal Code. It is contended that, in fact, in free fight between the parties, members of both sides sustained injuries. A counter case was lodged by petitioner no.2 Md. Mohib being Amour P.S. Case No.79 of 2015 dated 9.5.2015 inter alia under section 307 of the Indian Penal Code. The petitioner no.2 had sustained injury along with his wife Shabnam Khatoon and his mother Akhthari Khatoon in the incident and they were discharged from Sadar hospital, Purnea on 9.5.2014. It is further contended that most of the
Patna High Court Cr.Misc. No.2383 of 2016 (3) dt.12-04-2016 2/2 injuries sustained by the members of the prosecution party were simple in nature and the motive behind the occurrence is onging land dispute between the parties.
On the other hand, learned counsel for the State has contended that altogether four members of the prosecution party sustained injuries and out of them one Md. Shafir has sustained grievous injury on his left hand.
Be that as it may, regard being had to the facts and circumstances of the case as also the fact that there is general and omnibus allegation against altogether fourteen persons, the petitioners, namely, Md. Nasim, Md. Mohib, Md. Murshid and Md.Zahid, who are reported to be men of clean antecedent in the event of arrest or surrender in the court below within six weeks from today are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.J.-cum-A.C.J.M., Purnea in connection with Amour P.S.Case No.76 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T