Md. Afzal @ Afzal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12979 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -AJAMNAGAR District- KATIHAR ======================================================
1. Md. Afzal @ Afzal, son of Sidique @ Md. Sidique.
2. Md. Azad @ Azad, son of Late Latif, Both are resident of Gonia Bari, P.S. - Azam Nagar (Salmari O.P.), District - Katihar. .... .... Petitioners.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-06-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Azam Nagar (Salmari O.P.) P.S. Case No. 09 of 2015 registered under Sections 341, 323, 337, 338 and 307/34 of the Indian Penal Code.
The allegation of informant, Md. Maniful, is that on 01.01.2015, in the evening, his son, Md. Rajaul, aged about 19 years, had gone to Santhali Chauk on motorcycle for some work. When his another son, Md. Jabil, was returning back to home then saw that a person had fallen on road near motorcycle and his another son identified as his brother Rajaul, who was unconscious
and injured condition. Thereafter elder son of the informant informed to him about the occurrence. Informant along with others reached near the place of occurrence then found that his son Md. Jabil with the help of petitioners rushed to Salmari Bazar for treatment. Where the informant came to know that petitioners have assaulted his son, Rajaul, through iron rod and bricks without any reason.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that the occurrence is on 01.01.2015 but the F.I.R. was lodged on 12.01.2015 after 12 days implicating the name of the petitioners, who are said to be helped for carrying the son of the informant for treatment. It is further submitted that petitioners and the informant are co-villagers but due to dirty village politics their names have falsely been implicated in this case. It is further submitted that petitioners have no criminal antecedent.
Considering the facts and circumstances of the case, let the above named petitioners be admitted on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar,
in connection with Azam Nagar (Salmari O.P.) P.S. Case No. 09 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T