Md. Naushad And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6278 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -NAUHATTA District- SAHARSA ======================================================
1. Md. Naushad, Son of Md. Faruque
2. Md. Chinni, Son of Md. Ibrahim
3. Md. Asad, Son of Md. Nazim
4. Md. Asfak @ Md. Aftab, Son of Md. Salauddin All are resident of village - Fekarahi, P.S. Nauhatta, District - Saharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-02-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 504, 506, 323, 307, 354, 380 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act.
The prosecution case is that the accused persons including the petitioners assaulted the informant, abused by calling caste name and snatched cash and jewellery. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. The
Patna High Court Cr.Misc. No.6278 of 2016 (2) dt.09-02-2016 2/2 injury has been found superficial simple in nature. There is a counter version of the occurrence also and subsequently the informant has retracted from the initial version and filed a petition to that effect before the learned court below. The impugned order reflects that the informant appeared before the learned Sessions Judge and admitted the factum of compromise. Considering the aforesaid facts, 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 Chief Judicial Magistrate, Saharsa in connection with Nauhatta P.S. Case No. 117 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T