Md. Tasawwar Hassan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37714 of 2017 Arising Out of PS.Case No. -288 Year- 2017 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Tasawwar Hassan, son of Md. Qduamrul Hassan

2. Md. Jawed Hassan @ Jawed Hasan, son of Md. Yusuf Hassan

3. Md. Altamash @ Altamash, son of Md. Jawed Hassan

4. Md. Saddam @ Saddam, son of Md. Azhar Hassan

5. Md. Shahnawaz Alam @ Bachchu Mian, son of Fakruddin

6. Md. Sadrul Hassan @ Sadrul Hasan, son of Md. Yusuf Hassan, all are resident of Mohalla- Bari Dargah, Post Office- Bihar Sharif, P.S.- Bihar Sharif, District- Nalanda.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-08-2017 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in connection with a case registered under Sections 147, 148, 149, 323, 341, 504, 506, 427, 307, 171 F of the Indian Penal Code, Section 27 of Arms Act and Section 131 of Representative of People Act. Allegation in brief is that during panchayat election, the accused persons supporters of the one candidate assaulted the supporters of another candidate on his face by the butt of the pistol and threatened them. The occurrence was committed because informant protested not to threaten voters and forcing them to

Patna High Court Cr.Misc. No.37714 of 2017 (2) dt.11-08-2017 2/2 caste vote in favour of their candidate.

It is submitted that there is case and counter rather the other side was indulged in rigging in the election and there is no injury to anybody and no reporting of rigging poll was made by the Presiding Officer of the concerned booth. Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners, namely, Md. Tasawwar Hassan, Md. Jawed Hassan @ Jawed Hasan, Md. Altamash @ Altamash, Md. Saddam @ Saddam, Md. Shahnawaz Alam @ Bachchu Mian and Md. Sadrul Hassan @ Sadrul Hasan be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No.288 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arun Kumar, J) N.H./- U T