Md. Naim @ Md. Naim Mian And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10411 of 2016 Arising Out of PS.Case No. -646 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================

1. Md. Naim @ Md. Naim Mian, Son of Md. Bouku Mian.

2. Md. Bouku Mian Son of Late Md. Arjun.

3. Md. Riyajul Son of Md. Naim.

4. Md. Ainul Son of Md. Naim.

5. Md. Khursid Son of Bouku Mian.

6. Md. Kudush @ Md. Kudush Mian Son of Bouku Mian. All 1 to 6 Resident of Village- Kahra, Ward No. 11, P.S. & District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. J. N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,341,324,307,379 and 504 of the Indian Penal Code.

The prosecution case is that on 7.8.2015 at 7.30 P.M., in the background of land dispute, the petitioners and others came variously armed and started abusing the informant. On protest, the petitioner no. 3 Md. Riyazul assaulted with iron rod on the head of the informant

Patna High Court Cr.Misc. No.10411 of 2016 (2) dt.04-03-2016 2/3 causing bleeding injury whereas petitioner no. 4 Md. Ainul assaulted the aunt of the informant with farsa and others also assaulted the informant and his family members. The accused persons also damaged and robbed certain house hold articles.

It is submitted by the learned counsel for the petitioners that the petitioners are agnates of the informant and in the background of land dispute the accusation has been levelled. Two injuries on the informant have been found; one is bruise and other is swelling of marginal size. Both the injuries have been caused by hard and blunt substance. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the accusation of assault being made against 9-10 persons in the background of land dispute when two simple superficial injuries have been found, 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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection

Patna High Court Cr.Misc. No.10411 of 2016 (2) dt.04-03-2016 3/3 with Saharsa (Sadar) P.S. Case No. 646 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T