Abdul Gaffar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.10992 of 2015 (3) dt.21-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10992 of 2015 Arising Out of PS.Case No. -147 Year- 2014 Thana -NARPATGANJ District- ARRARIA ======================================================

1. ABDUL GAFFAR, SON OF LATE MEHADI HUSSAIN.

2. MD. ALAM @ ALLAM, SON OF LATE MEDHADI HUSSAIN.

3. MD. GOUHAR @ TIPU, SON OF ABDUL QAYUM, ALL OF RESIDENT OF VILLAGE FATEHPUR, P.S. NARPATGANJ, DISTRICT ARARIA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Hirday Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-05-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Narpatganj P.S. Case No. 147 of 2014 registered under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code. The accusation is that due to land dispute petitioners and four others named in the F.I.R. armed with weapon came and attacked to the informant but he managed to escape. In the meantime, accused persons caught hold the son of informant Ziafat and assaulted through Dubia, Iron rod and Farsa. When sister-in-law of the informant came to save the son of informant

Patna High Court Cr.Misc. No.10992 of 2015 (3) dt.21-05-2015 then accused persons also assaulted her and snatched one silver chain.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that the occurrence took place due to land dispute and there is general allegation to cause injury to son of informant and his family member Sarfaja Khatoon against seven persons named in the F.I.R. including the petitioners without any specific overt act.

Under the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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 learned J.M. Ist Class, Araria in connection with Narpatganj P.S. Case No. 147 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T