Nasar @ Md. Nasarjaman And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29124 of 2018 Arising Out of PS. Case No.-492 Year-2017 Thana- JAGDISHPUR District- Bhagalpur ======================================================

1. Nasar @ Md. Nasarjaman.

2. Basar @ Md. Basharjaman.

Both sons of Md. Khaliquzzaman, resident of village-Puraini Bazar, P.S. Jagdishpur, District-Bhagalpur.

... ... 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 Jagdispur P.S. Case No.492 of 2017/G.R. No.5570 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that in the evening of 21.10.2017, the informant was going to his house boarding on the motorcycle. In the way, the motorcycle of the informant was dashed by the motorcycle of Dr. Fassiujjaman. Thereafter, Dr. Fassiujjaman stopped the informant and called the petitioners and others, named in the F.I.R., who came with lathi, danda, hockey and iron rod and started to cause assault to the informant. At that time, Fassiujjaman also made firing

Patna High Court Cr.Misc. No.29124 of 2018(2) dt.10-05-2018 2/2 at the informant but he fell down on the ground and saved himself. Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. along with others but no specific overt act is attributed to them. Moreover, the injury, as found on the person of the informant, is simple in nature, which is detailed in the impugned order. 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 the Chief Judicial Magistrate, Bhagalpur, in connection with Jagdishpur P.S. Case No.492 of 2017/G.R. No.5570 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T