Md. Rustam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28397 of 2021 Arising Out of PS. Case No.-418 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== 1.

MD. RUSTAM S/o Late Md. Mokhtar R/o Village- Madhura Paschim, P.S.- Narpatganj, Distt- Araria.

2.

MD. MORSALIM @ MD. MURSALIM S/o Md. Mofil R/o VillageMadhura Paschim, P.S.- Narpatganj, Distt- Araria. 3.

MD. SAMSHER @ MD. SAMSHER ALI S/o Late Akhtar R/o- VillageMadhura Paschim, P.S.- Narpatganj, Distt- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-04-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State through the video conferencing. The petitioners apprehend their arrest for the offences alleged under Section 147, 148, 341, 323, 354(B), 379 504 and 506 of the Indian Penal Code, registered in connection with Narpatganj P.S.Case No.418 of 2020.

As per allegation, the petitioners along with other accused persons attacked and assaulted the informant and his wife. The specific allegation against petitioner no.1 is that he assaulted on the head of the informant with iron rod. Petitioner nos. 2 and 3 assaulted the informant with iron rod and khanti. The learned counsel for the petitioners has submitted that, although there is allegation that three accused

Patna High Court CR. MISC. No.28397 of 2021(3) dt.08-04-2022 2/2 persons assaulted the informant,but as per the injury report, he sustained only one injury, which is simple in nature. He has submitted further that petitioner no. 1 has also lodged a case against the informant's side which is Narpatganj P.S.Case No. 319 of 2020.

Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Narpatganj P.S.Case No.418 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T