Md. Danish @ Bablu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47282 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -SAHKUND District- BHAGALPUR ======================================================
1. Md. Danish @ Bablu, Son of Sanwar,
2. Hashnu Son of Equebal Jung Khan,
3. Meharban Khan @ Punwa, Son of Late Md. Ekram Khan,
4. Mojibur Rehman @ Sugo @Mojbul Rehman @ Sugwa Son of Late Md. Ekram Khan, All are R/o Village- Jankhar, P.S.- Sahkund, DistrictBhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-12-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Shakund P.S. Case No. 113 of 2017 for the offences punishable under sections 341, 323, 324, 325, 448, 307, 379, 354, 504 and 34 of the I.P.C. Allegedly, the petitioners Md. Danish, Meharban Khan and petitioner no.4 Mojibur Rehman @ Sugo armed with lathi, danda and country made pistol entered into the house of the informant and assaulted the informant resulting his hand was fractured and he fell down. Thereafter other accused persons and
Patna High Court Cr.Misc. No.47282 of 2017 (4) dt.12-12-2017 2/3 petitioner Hashnu assaulted wife of the informant with spear and lathi and the accused persons also assaulted his son with iron rod resulting he sustained head injury and on protest the accused persons threw his wife by catching her hair and in course thereof the accused persons took away gold chain of two bhars. The reason behind the occurrence is land dispute. Submission is of false implication and that this case is counter blast of Shakund P.S. Case No. 112 of 2017 which has been lodged by petitioner no.3 Meharban Khan, both sides have received injuries, grievous injury has not been found on the vital part of the body and as such the petitioners deserve sympathetic consideration.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners by submitting that Md. Rehman has received grievous injury also and three persons have received injury. In the facts and circumstances stated above, considering the land dispute between the parties and further that there is case and counter case, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M,
Patna High Court Cr.Misc. No.47282 of 2017 (4) dt.12-12-2017 3/3 Bhagalpur in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T