Md. Tahir @ Tahir And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10987 of 2017 Arising Out of PS.Case No. -514 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Md. Tahir @ Tahir, Son of Zahiruddin,

2. Rahim @ Md. Rahim, Son of Zahiruddin, Both are Resident of VillageKhagra Chhaitan Toal, Police Station- Kishanganj in the District of Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Kishanganj P.S. Case No. 514 of 2016, registered for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

The petitioners and other co-accused being armed with lathi, iron rod and sword came abusing the informant and told to kill both the brothers and other co-accused Kalimuddin with an intention to kill assaulted Samsul Haque with iron rod on his head, resulting, his head was ruptured and he became unconscious, rest accused persons also attacked but the informant fled away, nearby person brought Samsul Haque to Sadar Hospital for treatment where he was referred to M.G.M. Kishanganj Medical College and from Kishanganj he was referred to Siliguri.

Patna High Court Cr.Misc. No.10987 of 2017 (2) dt.18-03-2017 2/2 Submission is of false implication and that against the petitioners there is general and omnibus allegation, specific allegation is against Kalimuddin. The petitioners have been made accused unnecessarily. Land dispute is going on between both the parties and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail 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, Kishanganj, in connection with Kishanganj P.S. Case No. 514 of 2016 (G.R. No. 1858 of 2016), subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T