Najam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28929 of 2016 Arising Out of PS.Case No. -127 Year- 2015 Thana -PALASI District- ARRARIA ======================================================

1. Najam, son of Late Bahar Ali.

2. Tamij, son of Late Bahar Ali.

3. Raja, son of Taufique.

All resident of Village- Jagir Balua, P.S Terhagachh, DistrictKishanganj. .... .... 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 ------------- 20-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Palasi P.S. Case No.127 of 2015 registered under Sections 147, 149, 341, 323, 324, 307, 379, 504 and 354 of the Indian Penal Code. The accusation is that 16 persons, named in the F.I.R., including the petitioners having armed, reached near the house of the informant and started ploughing the land, adjacent to the house of the informant, with an intention to grab the same. On protest made by the informant, all the accused started to assault and caused injury to him. The allegation against the petitioner nos.1 and 2 is to cause injury at the head of Lajma, the grand mother of the informant, through Bhala. At

Patna High Court Cr.Misc. No.28929 of 2016 (4) dt.20-08-2016 2/2 that time, with the help of other accused, the accused Bibi Roushan snatched the gold chain worth Rs.34,000/- from the neck of Lajma, the grand mother of the informant.

Learned counsel appearing on behalf of the petitioners submits that while the allegation against the petitioner nos.1 and 2 is to cause injury at the head of Lajma, the grand mother of the informant, through Bhala but on her medication examination, only one lacerated wound over her right parietal region was found, which is said to be caused by hard and blunt substance. So far as petitioner no.3 is concerned, no specific overt act is attributed to him. 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 Sri Raghuwans Narayan, 3rd Additional Chief Judicial Magistrate, Araria, in connection with Palasi P.S. Case No.127 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T