Abdul And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54550 of 2015 Arising Out of PS.Case No. -166 Year- 2014 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================
1. Abdul Son of Shamshul Haque
2. Safaider Son of Afjal Hussain
3. Saddam Son of Shamshul Haque
4. Munna Son of Safaider
5. Shahidur Rahman @ Raju @ Shahidu Rahman Son of Bashi Ahmad All R/o Village- Sirisiya, P.S.- Kuchaikote, Distt- Gopalganj. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Kuchaikote P. S. Case No. 166 of 2014 registered under Sections 147, 148, 149, 341, 323, 379, 307 and 354 of the Indian Penal Code.
It is contended that the genesis of occurrence is land dispute between the parties and for the scuffle which took place on the relevant date of occurrence a counter case, vide Kuchaikote P. S. Case No. 165 of 2014, has also been instituted
Patna High Court Cr.Misc. No.54550 of 2015 (2) dt.09-12-2015 2/2 against the members of the prosecution party on the fardbeyan of the mother of petitioner no. 5. It is further contended that the injuries sustained by the informant and his wife are all simple and superficial in nature.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in Kuchaikote P. S. Case No. 166 of 2014, subject to the conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.) Kanchan/- U T