Neyaz And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20067 of 2016 Arising Out of PS.Case No. -399 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Neyaz S/o Islam Mian @ Md. Islam
2. Reyaz S/o Islam Mian @ Md. Mian
3. Ajay Prasad S/o Brijlal Prasad @ Brijlal Prasad Petitioner No.1 & 2 are resident of Sugauli Dewan Chock whereas Petitioner No.3 is resident of Sugauli Bazar, all P.S.- Sugauli, District- East Champaran at Motihari.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2016 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 447, 341, 323, 504/34 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act. The prosecution case is that on 09.10.2015 at 8.00 A.M. while the informant was sitting at his door, a boy threw some garbage in front of his door. On protest being made, the accused persons came, abuse the informant and assaulted him.
Subsequently, the informant found that the gold chain
Patna High Court Cr.Misc. No.20067 of 2016 (2) dt.05-05-2016 and Rs. 5,000/- was missing.
It is submitted by the learned counsel for the petitioners that accusation is not specific against the petitioners. There is counter version of the occurrence also. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the genesis of the occurrence, let the above named petitioners 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 399 of o2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T