Md. Aqueel And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53271 of 2016 Arising Out of PS.Case No. -377 Year- 2016 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Md. Aqueel, son of Late Hano Miyan.

2. Md. Suddam, Son of Md. Aqueel.

3. Md. Raju, Son of Md. Aqueel.

4. Md. Ehtesham, Son of Md. Aqueel. All resident of Village Ramjanpur, P.S. Barbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2016 Learned counsel for the petitioners is directed to make necessary correction in the first paragraph of the petition. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Barbigha P.S. Case No. 377 of 2016 registered under Sections 341, 323, 307, 504 and 379/34 of the Indian Penal Code. The accusation is that on 06.10.2016 when the informant reached at the Tailoring Shop of petitioner no.1 to take his stabilizer then he refused and started to abuse him. In the meantime, petitioner nos. 2, 3 and 4, sons of petitioner no.1 also reached there and tried to laid him on the ground and started

Patna High Court Cr.Misc. No.53271 of 2016 (2) dt.08-12-2016 2/2 causing injury through fists and slaps. At that time, they also pressed his neck by Gamchha and they snatched gold chain worth of Rs. 30,000/- and also cash Rs. 2500/- from the pocket of the informant.

Learned counsel appearing on behalf of the petitioners submits that in fact, petitioners are the agnates of the informant and due to grudge and dispute, this false case has been lodged against the petitioners. Moreover, two injuries; one swelling and another abrasion on lower lip and knee, were found, which are simple in nature, caused by hard and blunt substances. Further submission is that petitioners have no criminal antecedent. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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 the A.C.J.M., Sheikhpura in connection with Barbigha P.S. Case No. 377 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T