Md. Rizwan @ Md. Rizwan Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41671 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -SANOKHAR District- BHAGALPUR ======================================================

1. Md. Rizwan @ Md. Rizwan Alam son of Shahabudin

2. Md. Rehan @ Rehan Qamar, son of Najib, Both resident of villageDhanouri, Police Station- Sanokhar, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Kr. Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-10-2015 Heard learned counsels for the petitioners, informant and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,149,324,307,504 and 506 of the Indian Penal Code. The prosecution case is that the informant brought a plant for installing hand pump when the accused persons including the petitioner damaged the plant and started scuffling with the mechanics. It is specifically alleged that the people who came to rescue the informant, were assaulted by the petitioners with bricks, stone, lathi, danda and sharp edged weapon.

It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.41671 of 2015 (2) dt.12-10-2015 2/2 that the accusation has been levelled against 13 FIR named accused persons and except one injury with regard to which opinion has been kept reserved, other injuries have been found to be simple in nature. The petitioners are agnates of the informant and there is counter version of the occurrence. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

It is submitted by learned counsel for the informant that the accusation of making assault is specific. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today 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, Bhagalpur in connection with Sanokhar P.S. Case No.59 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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