Md. Imdad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50886 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -SINGHIYA District- SAMASTIPUR ======================================================
1. Md. Imdad Son of Md. Adil
2. Nazir Alam Son of Md. Shamshu Haque Both resident of village - Bahudara, P.S. Singhiya, District - Samastipur, Bihar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 147, 148, 149, 447, 504, 506, 341, 323, 324, 307, 448 an 379 of the Indian Penal Code. Allegation is that due to dispute regarding Panchayat Election petitioner along with other accused persons assaulted informant and looted away household articles including cash and jewelleries.
It has been submitted on behalf of the petitioners that they have falsely been implicated in the present case. No allegation of tampering of witnesses is alleged against them. There is admitted land dispute between the parties. From perusal of Annexure-2 series it is evident that nature of injury is simple. Hence, no offence under Section 307 of the Indian Penal Code is made out.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the
Patna High Court Cr.Misc. No.50886 of 2016 (2) dt.29-11-2016 2/2 court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-IV, Rosera, Samastipur, in connection with Singhiya P.S. Case no. 66 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) sudip/- U T