Patna High CourtCR. MISC./55498/2015disposed

Abdul Kadir @ Md. Kadir Miya @ Kadar Miya v. The State Of Bihar

2015-12-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55498 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -PHULPARAS District- MADHUBANI ======================================================

1. Abdul Kadir @ Md. Kadir Miya @ Kadar Miya Son of Sikandar Miya Resident of Village- Bagha, P.s Khutauna, District Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Arvind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 435 of the Indian Penal Code and Section 25(1-B)a, 26, 27 of the Arms Act.

The prosecution case is that in the background of land dispute the accused persons including the petitioner came and demolished the house of the informant and when the villagers came to rescue then this petitioner fired from his gun causing injury on the head of the cousin of the informant. Co-accused Shiv Shankar Kamat also resorted to fire on the cousin of the informant but it did not cause injury. Co-accused Sujit Kumar came and assaulted the other cousin of the informant on his head. The accused persons also assaulted the mother and other family members of the informant.

Patna High Court Cr.Misc. No.55498 of 2015 (2) dt.08-12-2015 2/2 It is submitted by learned counsel for the petitioner that in the background of land dispute the accusation has been levelled and the injury of Shyam Kamat has been found to be caused by hard and blunt substance whereas the accusation is of causing injury by gun. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Phulparas P.S. Case No. 115 of 2015, pending in the Court of learned Sub-Divisional Judicial Magistrate, Jhanjharpur. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T