Md. Mojib And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54680 of 2015 Arising Out of PS.Case No. -207 Year- 2015 Thana -BARSOI District- KATIHAR ======================================================
1. Md. Mojib
2. Md. Shah Alam Both sons of Late Md. Yakub
3. Md. Muzaffar Alam
4. Md. Mustakin Alam @ Muntarjim Alam @ Md. Muntazim Alam Both sons of Md. Alauddin
5. Md. Usman son of Late Wajir Ali
6. Noorshed son of Md. Usman
7. Shamsuddin son of Late Gyasuddin
8. Md. Harun son of Late Abdul Rahman All residents of village- Dubi Subi, P.S.- Barsoi (Sudhani O.P.), District- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-12-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,324,307,447,427,379,504 and 506 of the Indian Penal Code.
The prosecution case is that the accused persons were cutting the branches of fallen mango tree and constructing thatched house on the land of the
Patna High Court Cr.Misc. No.54680 of 2015 (2) dt.03-12-2015 2/3 informant, on protest being made by the informant, the accused persons assaulted the informant when the family members of the informant came to rescue they were also assaulted.
It is submitted by the learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. In fact, the informant side were constructing thatched house on the land of the petitioners. Though eleven persons of the informant side received injuries but all the injuries have been found to be simple or opinion has been kept reserved. There is counter version of the occurrence where the petitioners side have also received injury. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection
Patna High Court Cr.Misc. No.54680 of 2015 (2) dt.03-12-2015 3/3 with Barsoi P.S. Case No.207 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T