Zameel Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29069 of 2018 Arising Out of PS. Case No.-148 Year-2017 Thana- LAURIYA District- West Champaran ======================================================

1. Zameel Khan, son of late Aainul Khan.

2. Nayeem Khan, son of Kamruddin Khan.

3. Zaheer Khan, son of late Aainul Khan.

4. Samiun Nesha @ Samnion Nesha, wife of Zameel Khan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Lauriya P.S. Case No. 148 of 2017 registered under Sections 341, 447, 323, 324, 308, 379, 504 and 506/34 of the Indian Penal Code. The accusation is that six persons named in the F.I.R. including the petitioners came at the house of informant, Shamim Khan, and started to abuse and cause assault to Imamuddin Khan and Arshad Khan, both sons of informant. At that time, petitioner no.1, Zameel Khan, gave Farsa blow at the head of Imamuddin Khan whereas petitioner no. 2, Nayeem Khan, also gave Farsa blow at the left wrist of Imamuddin Khan. When Arshad Khan came there then he was also assaulted. At that time, petitioner no. 3, Zaheer Khan,

Patna High Court Cr.Misc. No.29069 of 2018(2) dt.10-05-2018 2/2 took cash of Rs.2,000/- from the pocket of Arshad Khan. Learned counsel for the petitioners submits that, in fact, due to petty matter, occurrence took place, in which, petitioners' side also sustained injury, regarding which, Lauria P.S. Case No. 152 of 2017 was also instituted on the basis of written report of petitioner no. 1, Zameel Khan. Moreover, the injuries as found on the person of son of informant, namely, Arshad Khan, is simple in nature. Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 the Additional Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Lauriya P.S. Case No. 148 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T