Shamim And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.19461 of 2017 (2) dt.15-06-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19461 of 2017 Arising Out of PS.Case No. -156 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================
1. Shamim, son of Late Abdul Mannan,
2. Parwaiz, son of Late Abdul Mannan,
3. Rizwan, son of Late Abdul Mannan,
4. Reehan, son of Late Abdul Mannan,
5. Naouman, son of Late Abdul Mannan,
6. Pappu, son of Shamim,
7. Babloo, son of Shamim,
8. Lataroo @ Mahmood, son of Equbal,
9. Subhan, son of Gafor, All are resident of Village- Matiyari, P.S.- Jokihat. All resident of village- Matiyari, P.S.- Jokihat, District-Araria.
10. Raja @ Roja, son of Mohib,
11. Gulta, son of Mobib, Both are resident of Village- Basantpur, P.S.- Araria, Petitioner No.1 to 11 are Dist- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-06-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Jokihat Police Station Case No. 156 of 2016 registered under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.
As per the prosecution case, the petitioners are said to have assaulted the brother of the informant and five other persons by lathi etc. forming unlawful assembly.
Patna High Court Cr.Misc. No.19461 of 2017 (2) dt.15-06-2017 It is submitted by the learned counsel for the petitioners that the petitioners are quite innocent and have not committed any offence and have falsely been implicated in this case. There was free fight between the parties, resultantly, the persons of both the sides have sustained injuries. The injuries sustained by the persons of the prosecution side are simple in nature. Moreover, parties have compromised the case and a compromise petition has been filed by them before the learned lower court.
Considering the aforesaid facts and circumstances of the case and the nature of allegation as made against the petitioners, the petitioners, above named, in the event of his arrest or surrender before the Court below within four weeks, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Jokihat Police Station Case No. 156 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Prakash Chandra Jaiswal, J.) Brajesh/- U T