Nawaj Ahmad @ Nawaj @ Tudda And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16283 of 2017 Arising Out of PS.Case No. -219 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Nawaj Ahmad @ Nawaj @ Tudda, Son of Rabddin Ansari

2. Amir Ahmad alias Amir alias Nanhe, Son of Rabddin Ansari, Both are of Resident of Village- Koini Ansari Tola, Police Station- Manjhagarh, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 341, 323, 447, 504, 307 and 302/34 of the Indian Penal Code.

According to FIR, the petitioners, allegedly, assaulted with iron rod and cover of shock observer of motorcycle causing injury at the head of the husband of the informant as a result whereof he died.

Submission of the petitioners is that both sides are agnates. There is land dispute between the parties. The post-mortem report would reveal that single

Patna High Court Cr.Misc. No.16283 of 2017 (3) dt.15-05-2017 2/2 injury on the head of the deceased was found, though the same was found reason for death. In the circumstances, it is difficult to attribute as to which of the petitioners had caused said single head injury. The petitioners are in custody since 20.01.2017. Learned counsel for the informant opposed the prayer for bail on the ground that the allegation is specific against the petitioners and other eye-witnesses also supported the prosecution case.

Considering the entire facts and circumstances of the case, let the petitioners, above named, be released on bail, on completion of six months of custody, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/successor Court in connection with Manjhagarh Police Station Case No. 219 of 2016, subject to the condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/- U T