Md. Jamal @ Md. Jamaluddin And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14322 of 2016 Arising Out of PS.Case No. -266 Year- 2015 Thana -BAKHRI District- BEGUSARAI ======================================================
1. Md. Jamal @ Md. Jamaluddin Son of Md. Soeb
2. Md. Nazibullah Son of Md. Qasim
3. Md. Nuruddin son of Batruddin All serial 1 to 3 are Residents of Village-chak Hamid, PS Bakhari, District Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Durga Nand Jha, Advocate For the Opposite Party/s : Mr. R.N. Jha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-05-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bakhri P.S.Case No. 266 of 2015 registered for offences punishable under Section 341, 323, 324, 307/34 of the Indian Penal Code.
The prosecution case as lodged by the informant is that on 01.11.2015 at 4.30 hours his villagers, Md. Quasim and Md. Mister came to the informant and told that they had not accepted the earlier arbitration of the Punches with regard to land and its boundary and on protest being made by the informant, the family members of Md. Quasim came armed with iron rod and danda and on the order of Md. Quasim, Nazimullah and Md. Jamal attacked on his head with farsa and rod with intention to kill him, due to which the head of the informant was fractured and
Patna High Court Cr.Misc. No.14322 of 2016 (3) dt.19-05-2016 2/2 upon the intervention of the brother of the informant, accused persons attacked with rod on his head, due to which his head was fractured and fell down on the ground and became unconscious. Learned counsel for the petitioners submits that the petitioners are innocent, having no criminal antecedent and have been falsely implicated due to land dispute.
It has been submitted that the injury report on the informant and his brother is not attributable to petitioner No. 3. So far, injury caused by the petitioner No. 1 and 2 on the head of the informant and his brother, opinion has been reserved awaiting Xray report, which has on X-ray being done, found to be simple in nature.
However, learned A.P.P. for the State submits that the petitioners are named in the F.I.R., hence opposes the prayer for bail.
Be that as it may, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Begusarai in connection with Bakhri P.S.Case No. 266 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Nilu Agrawal, J) Sudha/- U T