Hasmullah Khan @ Hasmullah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55672 of 2017 Arising Out of PS.Case No. -275 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Hasmullah Khan @ Hasmullah, son of Late Aziz Khan,
2. Sahjad Khan, Son of Hasmullah Khan,
3. Sakib Alam, son of Late Sk. Taslim,
4. Sk. Taslim, son of Late Sk. Sah Hussain,
5. Samsul Hoda Khan @ Munna @ Samsul Hoda, son of Kudush Khan,
6. Md. Aliyas @ Aliyas Khan, son of Late Edish Khan, All are resident of village-Kora Beldari, P.S. Bettiah Muffasil, District- West Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioners, learned counsel appearing on behalf of the informant and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bettiah Muffasil P.S. Case no. 275 of 2017, registered under Sections 341, 323, 324, 308, 379, 448, 354 and 504/34 of the Indian Penal Code.
The accusation is that nine persons named in the F.I.R. including the petitioners came at the door of the informant Shekh Asalam having iron rod, Farsa and Lathi in their hand and started to abuse. At that time, petitioner No. 1 and 2 caused injury through iron rod to the informant. The petitioner No.3 Sakib Alam, Sekh Taslim and Nurul Hoda caused injury to Arshad Alam and Md. Azhar, when
Patna High Court Cr.Misc. No.55672 of 2017 (2) dt.29-11-2017 2/2 Suvtara Begam rushed to save him then Hasmullah Kha Aliyaha caused injury by means of Farsa to Suvtara Begam. At that time, petitioner No.4 Sk. Taslim tried to outrage her modesty and also snatched her golden chain.
Learned counsel for the petitioners submits that due to some dispute the occurrence of Marpit took place in which petitioner's side also sustained injury regarding which Bettiah Muffasil P.S. Case No. 276 of 2017 is instituted on 05.07.2017 on the basis of fardbeyan of Sakib Alam (Petitioner No.3) against the informant and other. Moreover, the injuries as found on the persons of informant and Suvtara Begum are of simple in nature. The 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 four 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, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 275 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C (Rajendra Kumar Mishra, J) manish/- U T