Md. Israyeel And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33118 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana - PHULWARIA District- BEGUSARAI ====================================
1. Md. Israyeel Son of Md. Muslim @ Md. Bilat
2. Md. Ismail Son of Md. Muslim @ Md. Bilat Both Resident of Village- Phulwaria-3 ward no.12, Rayeen Nagar, Police Station- Phulwaria, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Md. Fahimuddin For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2018 A supplementary affidavit has been filed on behalf of the petitioners. Let it be taken on the record. Heard the learned counsel for the petitioners, the informant and the State.
The petitioners seek bail in anticipation of their arrest in connection with Phulwaria P.S. Case No. 20 of 2018 dated 09.02.2018 instituted for the offences under Sections 147, 148, 149, 420, 307, 323, 327, 379, 427, 452, 467, 468, 471, 504, 506, 342 of the Indian Penal Code.
The petitioners are alleged to have assaulted the informant and his family members and looted the household articles.
The averment made in the F.I.R itself indicates that there is a land dispute between the parties. Earlier also, the
Patna High Court Cr.Misc. No.33118 of 2018 (2) dt.02-07-2018 2/2 informant had lodged a case of similar nature against the petitioners.
The learned counsel for the petitioners has pointed out that there has been series of litigations between the parties and with respect to some plots. Proceedings under Section 144 of the Code of Criminal Procedure is also pending. The other allegations specially with respect to theft, it has been submitted, have been added in the F.I.R to add serious colour to the occurrence. It has further been submitted that the injuries suffered by the informant are simple in nature.
Considering the aforestated facts, the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Phulwaria P.S. Case No. 20 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Ashutosh Kumar, J) Shageer/- U T