Md. Idrish And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8184 of 2015 Arising Out of PS.Case No. -34 Year- 2011 Thana -NIRMALI District- SUPAUL ======================================================

1. Md. Idrish son of Hanif Mian

2. Md. Rijwan Son of Rahamtulla Mian,

3. Md. Mukhtar Son of Karmul Mian All resident of village- Bela Singar Moti, P.S.- Nirmali, District- Supaul .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashwani Kumar Tiwary For the Opposite Party : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 379, 504 of the I.P.C and Sections 25(1-B)a, 26, 35 of the Arms Act.

In the background of fight between the children of informant and petitioners Rahmatulla Mian caused injury with knife to the informant and when wife of the informant came to rescue then she was also assaulted by Hakina Khatoon and Taskil Mian and her jewellaries were snatched.

It is submitted by learned counsel for the petitioners that specific accusation of assault is not against the petitioners when part of the accusation has not been found

Patna High Court Cr.Misc. No.8184 of 2015 (2) dt.26-02-2015 2/2 true during investigation.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Birpur, Supaul in connection with Nirmali P.S. Case No. 34 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T