Ajam @ Azam And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.317 of 2018 (2) dt.16-01-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.317 of 2018 Arising Out of PS.Case No. -155 Year- 2017 Thana -DAGARUA District- PURNIA ======================================================
1. Ajam @ Azam son of Late Ainul
2. Sabbir son of Late Samsuddin
3. Sabir son of Late Samsuddin
4. Firoz son of Late Painu
5. Imtiyaz son of Late Painu
6. Kalim son of Late Hamidul
7. Sanobar @ Sanauwr son of Kalim
8. Hasan @ Hassan son of Kalim
9. Ansar son of Kalim
10. Zasim @ Jasim son of Late Ainul All R/o Village - Dubaili, P.S. - Dagaruwa, District - Purnia.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2018 Heard both sides.
The petitioners apprehend their arrest in Dagaruwa P.S. Case No.155 of 2017 registered under Section 307 and other Sections of the Indian Penal Code.
The informant, Anis named 19 persons including 10 petitioners and alleged that the accused persons came to the land of the informant and cut different trees and started constructing house. When the family members of the informant protested Noman assaulted Rajjak, the brother of the informant with dabiya. Mosabbir assaulted Tajuddin with iron rod on his head and he fell down on the ground. Salim and Tahsim assaulted Sahban with iron
Patna High Court Cr.Misc. No.317 of 2018 (2) dt.16-01-2018 rod. Manauwar assaulted Sajra causing fracture injury on her shoulder.
The learned counsel for the petitioners submits that the petitioners are of course named in the F.I.R. but no specific allegation of assault is made against the petitioners. The occurrence took place due to land dispute.
The learned counsel for the informant as well as learned A.P.P. did not dispute this fact.
Considering the facts aforesaid that on account of land dispute the occurrence took place and the petitioners are of course named in the F.I.R. but no specific allegation of assault is made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia in connection with Dagaruwa P.S. Case No.155 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T