Abdullah Devan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29113 of 2018 Arising Out of PS. Case No.-59 Year-2017 Thana- BHAGHA District- West Champaran ======================================================
1. Abdullah Devan, son of Late Mahmood Devan.
2. Kamran Devan alias Kamran Shah, son of Abdullah Devan. All residents of village-Pachrukhi, P.S. Bhangaha, District-West Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bhangaha P.S. Case No.59 of 2017 registered under Sections 147, 148, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. The accusation is that 8 persons, named in the F.I.R., including the petitioners having lathi, Phatta, rod and garasa in their hands came near the crusher machine of the informant and started to cause assault indiscriminately. At that time, co-accused Khursheed Devan caused injury at the head of Aftab Devan, the nephew of the informant.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that the specific allegation to cause injury at the head of Aftab Devan, the nephew of the informant, is against the
Patna High Court Cr.Misc. No.29113 of 2018(2) dt.10-05-2018 2/2 co-accused Khursheed Devan and there is general and omnibus allegation against all the accused including the petitioners to cause injury to the informant and his nephew. The injuries of the informant and his nephew are simple in nature. In fact, due to some dispute, the occurrence of "Maar-Peet" took place between the parties in which the petitioners' side also sustained injury regarding which on the basis of the fardbeyan of the co-accused Khursheed Devan, Bhangaha P.S. Case No.60 of 2017 was instituted against the informant of the present case and others. The petitioners have no criminal antecedents.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Kumud Ranjan, Judicial Magistrate, Bettiah, West Champaran, in connection with Bhangaha P.S. Case No.59 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T