Noor Alam Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42862 of 2015 Arising Out of PS.Case No. -67 Year- 2014 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Noor Alam Mian Son of Adalat Mian, Resident of Village - Pipra, P.S. - Darpa, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Umanath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 323, 307 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case is that on information that two groups of Jagannath Sah and Munna Mian with their associates collided for a dispute with regard to the fishing right. The police reached on the spot and heard the sound of gun firing, but the accused persons escaped from the scene.
It is submitted by the learned counsel for the petitioner that accusation is omnibus and general. Statement has been made in para-7 of the petition that none received any
Patna High Court Cr.Misc. No.42862 of 2015 (2) dt.14-10-2015 injury which reads as follows:- "That the no body has sustained firearm injury." Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Sri N.K. Priyadarshi, Judicial Magistrate, Ist Class, Raxaul, East Champaran at Motihari in connection with Darpa P.S. Case No. 67 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T