Md. Izhar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34885 of 2016 Arising Out of PS.Case No. -93 Year- 2016 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================
1. Md. Izhar son of Md. Islam
2. Md. Islam son of Late Md. Rafique
3. Md. Ibrahim son of Late Md. Rafique
4. Md. Mister son of Late Md. Rafique
5. Md. Jahangir son of Late Md. Rafique
6. Abdul Mannan son of Fakhruddin
7. Md. Javed son of Md. Shahid
8. Md. Rashid @ Abdul Rashid son of Md. Shafir All residents of Village- Makhdumpur, Police Station- Muffasil, District- Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-08-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Muffasil P.S. Case No. 93/16 for offences alleged under Sections 147, 149, 341, 323, 307, 504, 354, 337, 338, 427 of the Indian Penal Code.
Allegation is that petitioners and others assaulted the informant and his family members with iron rod, bricks and lathi.
It has been submitted by the learned counsel
Patna High Court Cr.Misc. No.34885 of 2016 (2) dt.31-08-2016 2/2 for the petitioners that the occurrence is related to panchayat election and there is case and counter-case for which petitioners side has also lodged Muffasil P.S. Case No. 92/16 against the informant side. He submits that both sides received injuries and the injury has been opined to be simple in nature. He further submits that the petitioners have no criminal history, as is evident from paragraph 3 of this petition.
However, learned APP for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S.K. Sharma, learned Judicial Magistrate 1st Class, Katihar, in connection with Muffasil P.S. Case No. 93/16, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nilu Agrawal, J.) Rajesh/- U T