Md. Rijwan And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2738 of 2015 Arising Out of PS.Case No. -303 Year- 2014 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Md. Rijwan Son of Md. islam
2. Md. Ainul @ Ainul Son of Md. Akbar
3. Md. Matin Son of Md. Rijwan.
4. Md. Mokir Son of Md. Rijwan null
5. Md. Ramjani Son of Md. Latif null
6. Md. Yunus Son of Md. Akbar All the Resident of Village - Navtolia Dhabauli, P.S- Matihani, District - Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,325,307,427,337 and 379 of the Indian Penal Code.
The accusation is of making assault by petitioner nos. 1 and 2. Specific accusation to make assault is against Mr. Rijwan and Ainul whereas omnibus accusation of assault is against petitioner nos. 3 to 6.
Patna High Court Cr.Misc. No.2738 of 2015 (4) dt.05-02-2015 2/3 It is submitted by learned counsel for the petitioners that the case lodged by the petitioners' side was earlier in point of time when the petitioners' side received simple injuries. It is further submitted that for the occurrence of 10.8.2014 the FIR was registered on 12.8.2014. It is submitted by learned counsel for the informant that the fardbeyan of the informant was recorded on 10.8.2014 itself in the hospital whereas there is specific accusation of assault against petitioner no. 1 and the injury caused by him has been found to be grievous.
Let the learned court below consider the prayer for regular bail of the petitioner no. 1 in case he surrenders within six weeks from today in connection with Begusarai Mufassil (Lakho O.P.) P.S. Case No. 303 of 2014 pending in the court of learned C.J.M., Begusarai.
Considering the nature of accusation, let the above named petitioner nos. 2 to 6 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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with the aforementioned case subject
Patna High Court Cr.Misc. No.2738 of 2015 (4) dt.05-02-2015 3/3 to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T