Naushad Mian And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20438 of 2015 Arising out of PS.Case No. -171 Year- 2013 Thana -DULHIN BAZAR District- PATNA ======================================================
1. Naushad Mian, Son of Late Sanu Mian.
2. Raju Mian, son of Kamruddin. Both residents of Village- Nijanpur, P.S. Dulhin Bazar, District Patna.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Pushpendra Priyedarshi, Advocate. For the Opposite Party : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending his arrest in connection with Dulhin Bazar P.S. Case No. 171 of 2013 for the offences instituted under Sections 147, 148, 149, 323, 324, 307 and 379 of the I.P.C.
The prosecution story, in brief, is that on 10.10.2013 at 7.00 P.M. while informant Mahendra Pd. Gupta and his son was going to home after closing the jewellery and cloth shops, these petitioners and some unknown persons surrounded his son, who carrying a bag of jewellery and Neyazuddin Mian assaulted his son with Dav on his head as a result he became injured and also
Patna High Court Cr.Misc. No.20438 of 2015 (2) dt.04-09-2015 2/3 snatched the bag of jewellery forcibly and when he tried to save his son on raising hulla his grand son Chandra Kant Sony came to whom Shahzad assaulted him with butt of pistol on the head. Naushad snatched Rs. 8,000/- from the pocket of the informant, Aizaz and Akbar Mian assaulted with Khanti on the head of his second grand son Shashi Kumar and also snatched his gold chain. Raju had assaulted Ravi with lathi. They have also assaulted his elder daughter-in-law and ransacked the motorcycle after entering into the house.
It has been submitted on behalf of the petitioners that the Petitioners have got no criminal antecedent. There is no allegation of assault made against the petitioners. The allegation of assault is against Neyazuddin Mian.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Dulhin Bazar P.S. Case No. 171 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 A.C.J.M., Danapur, Patna, subject to
Patna High Court Cr.Misc. No.20438 of 2015 (2) dt.04-09-2015 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T