Farid @ Farid Alam And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36638 of 2015 Arising Out of PS.Case No. -81 Year- 2015 Thana -KOCHADHAMAN District- KISANGANJ ======================================================
1. Farid @ Farid Alam
2. Farad @ Faraj Alam Both sons of Late Annuddin resident of village - Sat Mitha
3. Furkan @ Md. Farkan Ahmad Son of Shahid resident of Village - Barijan, All P.S. Kochadhaman, District - Kishanganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Rashid Alam For the Opposite Party/s : Mr. Md. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 386, 307, 427, 504, 506, 34 of the Indian Penal Code. It is alleged that four motorcycle board miscreants came to the medical shop of the informant when coaccused Akhtar assaulted with the butt of the revolver. When the informant escaped the accused persons chased him and coaccused Akhtar assaulted the informant with iron rod and snatched rupees twenty five thousand.
It is submitted by learned counsel for the petitioners that thrust of accusation is against co-accused Akhtar with whom there was business rivalry with the
Patna High Court Cr.Misc. No.36638 of 2015 (2) dt.10-09-2015 2/2 informant. The injury of the informant has been found to be abrasion, superficial, simple in nature caused by hard and blunt substance. Hence, no case under Section 307 I.P.C is made out. So far as accusation under Section 386 I.P.C is concerned, it is specific against co-accused Akhtar. It is submitted by learned counsel for the informant that petitioners have not made correct statement with regard to the criminal antecedent in paragraph 3 of the petition. The accusation is specific against all the accused persons.
In view of this Court, let learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Kochadhaman P.S. Case No. 81 of 2015, pending in the Court of learned Chief Judicial Magistrate, Kishanganj. With the observations above, the application stands disposed off.
(Dinesh Kumar Singh, J) Shageer/- U T