Asadul Hamd @ Md. Asadul Ahmad @ Md. Asadul Hamd And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.23881 of 2017 (3) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23881 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. Asadul Hamd @ Md. Asadul Ahmad @ Md. Asadul Hamd, aged about 58 years, son of Late Abul Hamd,

2. Md. Asif, aged about 32 years, son of Md. Aslam, Both residents of Pirbahore Lane, P.S.- Pirbahore, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Ranjan, Advocate. For the Opposite Party/s : Mr. Sri Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pirbahore P.S. Case No. 115 of 2017, registered under Sections 341, 323, 379, 307, 504 and 506/34 of the Indian Penal Code.

The accusation is that when the informant reached in the lane after performing the 'Nawaj' in Mosque then petitioners along with Md. Aman reached there and started to abuse him. When the informant made protest then they pulled him in the lonely place and tried to press his neck. When the informant save himself then Md. Aman caused injury to him through fist and

Patna High Court Cr.Misc. No.23881 of 2017 (3) dt.25-08-2017 slaps, on which, informant fell down and Md. Aman took cash of Rs.3500/- from his pocket whereas petitioner no. 1 also snatched the wrist watch from him.

Learned counsel for the petitioners submits that petitioners and the informant are residing in the same Mauza and due to grudge enmity the present case has been lodged with false allegation. It is further submitted that while the allegation has been made to cause injury to the informant by Md. Aman but no injury report has been detailed in the case diary.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 Chief Judicial Magistrate, Patna, in connection with Pirbahore P.S. Case No. 115 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T