Md. Jahur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26773 of 2019 Arising Out of PS. Case No.-432 Year-2018 Thana- ALOULI District- Khagaria ====================================================== 1.

Md. Jahur, Son of Late Ishrafil Shah Resident of Village - Roun, P.S.- Allouli, Distt.- Khagaria.

2.

Lal Mohammad Son of Late Ishrafil Shah Resident of Village - Roun, P.S.- Allouli, Distt.- Khagaria.

3.

Md. Adalat Son of Late Ishrafil Shah Resident of Village - Roun, P.S.- Allouli, Distt.- Khagaria.

4.

Md. Monazir Son of Md. Aliraj Resident of Village - Roun, P.S.- Allouli, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-04-2019 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Allouli P.S. Case No. 432 of 2018 registered under Sections 147, 148, 341, 323, 324, 448, 307, 337, 338 and 427 of the Indian Penal Code.

The accusation is that eight persons named in the F.I.R. including the petitioners entered in the house of the informant, Alishan Begam, and started to abuse. At that time,

Patna High Court CR. MISC. No.26773 of 2019(2) dt.24-04-2019 2/3 Md. Saheb and Lal Mohammad (petitioner no. 2) had thee knot gun and Md. Aliraj had iron rod in their hands. In the meantime, Md. Saheb and Lal Mohammad (petitioner no. 2) asked to shot fire. Thereafter, Md. Aliraj gave Bhala blow causing injury at the head of her daughter Reshma Khatoon. At that time, Md. Nausad and petitioner no. 4 started to assault her family members through lathi.

Learned counsel for the petitioners submits that only one head injury was found on the person of daughter of the informant, which is simple in nature. In fact, occurrence took place due to land dispute, in which, petitioner's side also sustained injury, regarding which, Allouli P.S. Case No. 431 of 2018 is instituted on the basis of written report of petitioner no. 2 against the family members of informant and petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Allouli P.S. Case No. 432 of 2018

Patna High Court CR. MISC. No.26773 of 2019(2) dt.24-04-2019 3/3 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T