Md. Jainul Mian And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.24929 of 2015 (2) dt.16-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24929 of 2015 Arising Out of PS.Case No. -112 Year- 2014 Thana -IMAMGANJ District- GAYA ======================================================

1. Md. Jainul Mian Son of Late Abdullah Mian

2. Ashlam Mian Son of Late Abdullah Mian

3. Md. Jugnu Son of Jainul Mian All Residents of village - Chapri, Police Station - Imamganj, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.07.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Imamganj P. S. case no. 112/2014 registered under section 307 and other sections of the Indian Penal Code.

There is case and counter case between the parties and it appears that persons from both sides sustained injuries. However, there is allegation against petitioner no.1 that he gave lathi blow on the head of the informant who sustained simple injury on his head said to be caused by hard and blunt substance.

So far as petitioner nos.2 and 3 are concerned, no specific overt-act has been attributed against them and it is only stated that they along with several other persons assaulted the

Patna High Court Cr.Misc. No.24929 of 2015 (2) dt.16-07-2015 informant by means of lathi.

It appears from perusal of annexure 3 series that informant sustained two injuries out of which one injury is said to be mild tenderness over left hand whereas two lacerated wounds were found in parietal and occipital region. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, taking note of this fact that case has been registered under section 307 of the Indian Penal Code, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Sri A. Srivastava, Judicial Magistrate, Ist Class, Sherghati, Gaya/concerned court in Imamganj P. S. case no. 112/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T