Md. Alpama @ Md. Alquama And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55714 of 2015 Arising Out of PS.Case No. -108 Year- 2015 Thana -BISFI District- MADHUBANI ======================================================

1. Md. Alpama @ Md. Alquama, son of Habibur Rahman

2. Md. Tamanna @ Tamanna son of Habibur Rahman

3. Md. Guddu @ Tausif Alam @ Guddu son of Nisar Ahmad @ Badri

4. Md. Arzoo @ Arzoo son of Nisar Ahm ad @ Badri

5. Nisar Ahmad @ Badri son of Late Abdul Hanif @ Abdul Hafiz

6. Md. Mumtaz Ahmad @ Mumtaz Ahmad son of Late Abdul Hanif @ Abdul Hafiz

7. Md. Imtiyaz son of Md. Mumtaz Ahmad All are resident of Village- Kathala, P.S.- Bisfi (Patauna), District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 15-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

The prosecution case is that the petitioners came to the shop of the informant and due to previous enmity they abused the informant. On protest being made petitioner no.

Patna High Court Cr.Misc. No.55714 of 2015 (2) dt.15-12-2015 2/3 1 Md. Alpama @ Md. Alquama assaulted with iron rod on the head of the informant when the informant fell down then all the petitioners assaulted the informant with lathi and danda. It is also alleged that petitioner no. 1 snatched ten thousand rupees from the pocket of the informant and petitioner no. 3 took away rupees fifty thousand from the cash box.

It is submitted by learned counsel for the petitioners that in the background of admitted enmity the accusation has been levelled. There is a counter version of the occurrence and petitioners' side have also received injuries. Considering the specific accusation of assault only against petitioner no. 1 Md. Alpama @ Md. Alquama, let the learned court below consider the prayer for regular bail of petitioner no. 1, if he surrenders before the learned court below within a period of six weeks from today. So far as petitioner nos. 2 to 7 are concerned, the accusation of assault is omnibus and general and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let them be released on anticipatory bail, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand)

Patna High Court Cr.Misc. No.55714 of 2015 (2) dt.15-12-2015 3/3 each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Madhubani in connection with Bisfi (Patauna) P.S. Case No. 108 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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