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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23525 of 2015 Arising Out of PS.Case No. -145 Year- 2014 Thana -SALKHUA District- SAHARSA ======================================================

1. Md. Umar. Son of Md. Shahabuddin.

2. Md. Mobinuddin. Son of Md. Wahabuddin.

3. Md. Nigar Alam @ Md. Nigar. Son of Md. Mobinuddin.

4. Md. Kaushar @ Md. Keshav.

5. Md. Mahshar @ Md. Mahshar Ali. Both sons of Md. Umar. All residents of Village - Puraini, P.S.- Salkhua, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Section 307 and other sections of the Indian Penal Code. The petitioners are alleged to have entered in the house of informant and petitioner No.5, Md. Mahshar alleged to have assaulted the informant. Other accused persons are also alleged to have assaulted the informant and his wife, Bibi Nasima. It is submitted that petitioners are agnates and Title Suit No. 237/2011 was decided in favour of the petitioners and on account of this land dispute the occurrence took place. The informant and his wife got one injury each and the injuries are

Patna High Court Cr.Misc. No.23525 of 2015 (2) dt.09-07-2015 2/2 simple in nature.

Considering the facts aforesaid, the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in Salkhua P.S. Case No. 145 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T