Kalam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1612 of 2018 Arising Out of PS.Case No. -121 Year- 2017 Thana -BELA District- SITAMARHI ======================================================
1. Kalam, Son of Moiuddin
2. Samim, Son of Ali Hussain
3. Jahoor, Son of Moiuddin All Resident of Village-Lahuriya, P.S. Bela, District-Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-01-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code.
The prosecution case as per the fard-beyan of the informant, Md. Anis is to the effect that on 08.05.2017 at 3.00 P.M. while the informant was in his shop the petitioners and other accused persons reached there and assaulted with lathi, danda and spear. It is specifically alleged that petitioner no. 1 Kalam and petitioner no. 3 Jahoor assaulted with Farsa and
Patna High Court Cr.Misc. No.1612 of 2018 (2) dt.11-01-2018 2/3 spear;, respectively.
It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of land dispute between the parties. The case lodged by petitioner no. 1 being Bela P.S. Case No. 120 of 2017 against the informant side with accusation under Sections 147, 149, 341, 323, 324, 307 and 504 of the IPC, is at earlier point of time, as it was registered on 11.05.2017 at 10.45 A.M., whereas the present FIR get registered at 11.15 A.M. on same very day. Though, the informant has received injuries on the parietal region and there was fracture of 4th and 5th Metacarpal bones of the informant, the informant has retracted from the initial version and filed a petition to that effect before the learned Court below.
Patna High Court Cr.Misc. No.1612 of 2018 (2) dt.11-01-2018 3/3 and the accusation has been levelled in the background of land dispute, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sadar Sitamarhi in connection with Bela P.S. Case No. 121 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T