Nurul Hoda @ Noorul Hoda And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15926 of 2016 Arising Out of PS.Case No. -341 Year- 2015 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Nurul Hoda @ Noorul Hoda son of Late Jainul Mian

2. Fakhrul Hoda @ Munna son of Nurul Hoda

3. Javed Ahmad @ Javed Akhtar son of Late Shamshul HOda

4. Yasuf @ Md. Yasuf Abdullah @ Yausuf @ Yousuf Abdullah son of Late Shamsul Hoda All residents of Village- Amwan Vijaipur, P.S.- Kuchaikote, District- Gopalganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Learned counsel for the petitioners seeks permission to withdraw the application as against petitioner nos. 1, 2 and 4, same is dismissed as withdrawn.

Heard learned counsel for petitioner nos. 3 and the State. The petitioner no. 3 is apprehending their arrest in a case instituted under Sections 147, 148, 149, 341, 323, 307 and 379 of the Indian Penal Code.

Allegation against the petitioners is that they along with other accused persons assaulted informant with lathi, danda and rod. Petitioner nos. 3 and 4 took away Rs.5,000/- and a gold chain respectively from the informant.

It is submitted on behalf of the petitioners that they have falsely been implicated in the present case. From perusal of the injury report (Annexure-2 to the present application), it is evident that the injury sustained is said to have been caused due to road accident.

On behalf of the State, it is submitted that petitioners are

Patna High Court Cr.Misc. No.15926 of 2016 (2) dt.16-05-2016 2/2 named in the F.I.R. and the nature of injury is grievous. Considering the fact that since the injury is said to have been caused in course of road accident, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj Town P.S. Case no. 341 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T