Wasi Ahmad And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55287 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Wasi Ahmad, Son of Mustaque Ahmad,

2. Masiha Ahmad @ Masih Ahmad Son of Mustaque Ahmad,

3. Aftav @ Aftav Alam Son of Wasi Ahmad,

4. Vaitullah, Son of Wasi Ahmad,

5. Akir Ahmad, @ Sakir Ahmad, Son of Farooque Ahmad,

6. Sabir Ahmad, Son of Farooque Ahmad,

7. Mukhatar Ahmad, Son of Farooque Ahmad,

8. Shah Nawaj, Son of Late Ruhul Haque, All residents of village- Pipra, P.S.- Darpa, District- East Champaran.

.... .... Petitioner/s

Versus

THE STATE OF BIHAR.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

Allegation against the petitioners is that they assaulted the son of the informant by farsa and caused head injury. It is also alleged that accused Shah Nawaz took out Rs.5000/- from the pocket of the informant.

It is submitted on behalf of the petitioners that they have got no criminal antecedent. They have been falsely implicated in the present case. From perusal of the injury report, it appears that the injuries are simple in nature. Hence, no offence under Section 307 of the Indian Penal Code is being made out. Petitioners have been implicated due to previous enmity between the parties. On behalf of the State and the informant, it is submitted

Patna High Court Cr.Misc. No.55287 of 2015 (3) dt.20-01-2016 2 / 2 that petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran, in connection with Darpa P.S. Case no. 85 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T