Shahwaj Ahmad @ Shah Baj Ahmad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43499 of 2015 Arising Out of PS.Case No. -67 Year- 2015 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Shahwaj Ahmad @ Shah Baj Ahmad, Son of Nasir Ahmad.

2. Manjur Miyan @ Aajad Miyan @ Aajat Miyan, Son of Late Sadik Miyan.

3. Shamshad Miyan @ Samsad Miyan, Son of Late Sadik Miyan.

4. Parwej Alam @ Prawej Alam, Son of Kaushar Miyan.

5. Imran Miyan @ Imran Khan, Son of Late Md. Hassan.

6. Jawed Ahmad Son of Najir Ahmad @ Sagir Ahmad. All resident of Village - Sadauwa, P.S. - Sidhwalia, District - Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 14-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sidhwalia P.S. Case No.67 of 2015 (G.R. No.2335 of 2015) registered under Sections 447, 341, 323, 324 and 307/34 of the Indian Penal Code.

The accusation is that the petitioners were present in the filed of the informant, which was purchased by the informant to construct the house, for fixing an electric pole of 11000 Volt in the mid of the field so that the informant could not construct the

Patna High Court Cr.Misc. No.43499 of 2015 (2) dt.14-10-2015 2/2 house. When the informant made protest, the petitioner no.2 gave a sword blow causing injury at his head.

Learned counsel appearing on behalf of the petitioners submits that there was no occasion for the petitioners to be present to fix the electric pole of 11000 Volt at the filed of the informant and petitioners have falsely been implicated in this case. Moreover, the injuries caused to the informant on his head by the petitioner no.2 are simple in nature.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri Ashish Mishra, Judicial Magistrate, 1st Class, Gopalganj, in connection with Sidhwalia P.S. Case No.67 of 2015 (G.R. No.2335 of 2015), subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T