Jakir Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8578 of 2016 Arising Out of PS.Case No. -130 Year- 2015 Thana -NAWAKOTHI District- BEGUSARAI ======================================================

1. Jakir Mian Son of Md. Mumtaz Mian

2. Md. Zainul Son of Md. Kabir

3. Md. Makbool Son of Md. Kabir

4. Md. Ainul Son of Md. Kabir

5. Md. Mokim Mian Son of Md. Mostkim

6. Md. Hafiz Son of Md. Shekhabat

7. Md. Ismail Son of Md. Izrail All residents of Village - Brindabad, Police Station - Naokothi, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,337,323,307 and 504 of the Indian Penal Code. The prosecution case is that on 13.10.2015 at 9 P.M. when the informant was standing near the mosque to see the marriage procession, in the meantime, accused persons came and started assaulting him. On protest, co accused Md. Israil assaulted with sword which actually caused injury on

Patna High Court Cr.Misc. No.8578 of 2016 (2) dt.23-02-2016 2/3 the left side of eye of the informant when Raushan Khatoon came to rescue the informant then she received cut injury at the hands of co accused Israil. Co accused Afzal assaulted Sabana with iron rod on the head when Rukhsana came to rescue then she was also assaulted by co accused Md. Alam. It is also alleged that other accused persons also made assault including the petitioner nos. 4,5 and 6.

It is submitted by the learned counsel for the petitioners that specific accusation of assault is against co accused Israil, Afzal and Md. Alam who are not petitioners before this court. It is further submitted that for a petty dispute the accusation has been levelled. Injury of all the four injured have been found to be simple. There is counter version of the occurrence and the petitioners side have also received injury. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned JM Ist Class,

Patna High Court Cr.Misc. No.8578 of 2016 (2) dt.23-02-2016 3/3 Begusarai, in connection with Naokothi P.S. Case No.130 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T