Md. Jasim And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12116 of 2015 Arising Out of PS.Case No. -131 Year- 2013 Thana -NAUHATTA District- SAHARSA ======================================================

1. Md. Jasim.

2. Md. Saukat.

3. Md. Islam.

4. Md. Shamser.

5. Md. Alimaan @ Md. Alimam.

6. Md. Aftaab.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Amarnath Jha, Advocate. For the Opposite Party : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-03-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. It is alleged that for not ploughing the land of accused persons, co-accused Md. Sadaam assaulted with Farsa on the head of the informant. Petitioner No. 2 Md. Saukat assaulted with lathi to the informant. Co-accused Rashida Khatoon snatched Rs. 5,000/- from the pocket of the informant and petitioner no.1 took out battery of the tractor worth Rs. 7800/- whereas co-accused Sahjadi Khatoon took out of Rs. 6,000/- and Nokia Mobile worth Rs.

Patna High Court Cr.Misc. No.12116 of 2015 (2) dt.24-03-2015 2 / 2 2000/-.

It is submitted by learned counsel for the petitioners that injuries of the informant's side have been found to be simple in nature and the accusation against the petitioners is omnibus and general and co-accused against whom there is specific accusation like Md. Saddam, Rasida Khatoon and Sahjadi Khatoon, are not the petitioners before this Court. There is counter version of occurrence also and the petitioners' side has also received injury.

Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Nauhatta (Darhar O.P.)P.S. Case No. 131 of 2013 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 C.J.M. Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T