Md. Shahjahan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38520 of 2015 Arising Out of PS.Case No. -234 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Shahjahan Son of Md. Nasir Marhum @ Md. Nasir

2. Md. Sheru Son of Md. Shahjahan

3. Md. Tinku @ Tinku Son of Md. Shahjahan All resident of Sakunat Khurd, P.S. - Bihar Sharif, District - Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Sanjay Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 337, 506, 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the informant was getting his house constructed when the elder step brother of

Patna High Court Cr.Misc. No.38520 of 2015 (2) dt.24-09-2015 2/3 the informant and his three sons along with unknown persons came and started demanding share. On protest being made the accused persons assaulted the informant and co-accused Ruhi Praveen, Farha Praveen and Husna assaulted the wife of the informant by means of hockey stick whereas petitioner no. 2 Md. Sheru, petitioner no. 2 Md. Tinku and co-accused Akram assaulted the mason of the informant, namely, Aurangzeb by hockey stick and stones.

It is submitted by learned counsel for the petitioners that in the background of share dispute the accusation has been levelled. The doctor has found simple injury on the person of Aurangzeb, who alleged to have been assaulted by petitioner nos. 2, 3 and co-accused Akram.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S.

Patna High Court Cr.Misc. No.38520 of 2015 (2) dt.24-09-2015 3/3 Case No. 234 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T