Rokky @ Shadab Ahmed And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3332 of 2016 Arising Out of PS.Case No. -81 Year- 2015 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================
1. Rokky @ Shadab Ahmed
2. Rashid @ Md. Rashid Both sons of Late Akeel @ Akil Ahmed
3. Md. Danish son of Abid Raza @ Bholu, All resident of village- Charuawan, P.S.- Shekhopursarai, DistrictSheikhpura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Ehteshamuddin, Advocate For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 448, 504, 324, 325, 307 of the Indian Penal Code.
The prosecution case is that the petitioners along with other co-accused came to the house of the informant, when petitioner no. 3 Md. Danish assaulted with sword on the neck of the informant but caused injury on the hands of the informant. When brother-in-law of the informant came to rescue, then petitioner no.3 Md. Danish also assaulted him. It is alleged against petitioner nos. 1 and 2
Patna High Court Cr.Misc. No.3332 of 2016 (2) dt.21-01-2016 that they assaulted with butt of the pistol to the parents of the informant.
It is submitted by the learned counsel for the petitioners that except one injury of the informant, for which opinion has been reserved, other injuries have been found to be simple. There is no injury report of the parents of the informant.
Learned counsel for the informant submits that the petitioner no. 3 Md. Danish assaulted on the vital part of the body of the informant.
Considering the accusation being specific against petitioner no. 3, let the learned court below consider the prayer for regular bail of the above named petitioner no.3, if he surrenders before the learned court below within a period of six weeks from today in connection with Shekhopursarai P.S. Case No. 81 of 2015, pending in the court of learned Additional Chief Judicial Magistrate-I, Sheikhpura.
Considering the fact that accusation against petitioner nos. 1 and 2 to assault the parents of the informant by butt of the country made rifle, but no injury report is on record and the counsel for the informant has not controverted this fact, let the above named petitioner nos. 1 and 2 be released on bail in the event of their 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)
Patna High Court Cr.Misc. No.3332 of 2016 (2) dt.21-01-2016 each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Sheikhpura in connection with Shekhopursarai P.S. Case No. 81 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T