Samshad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18488 of 2015 Arising Out of PS.Case No. -81 Year- 2015 Thana -JOKIHAT District- ARRARIA ======================================================
1. SAMSHAD, SON OF MD. TASLIMUDDIN,
2. MD. MUJAFFAR, SON OF MD. TASLIMUDDIN,
3. MD. NAUSHAD, SON OF MD. TASLIMUDDIN,
4. ZAFAR @ BUDHUA, SON OF MUJAFFAR,
5. MD. DILSHAD, SON OF MD. NAUSHAD,
6. BIBI NANHI, WIFE OF MD. SAMSHAD,
7. BIBI RUKHSANA, WIFE OF MD. MUJAFFAR,
8. BIBI NAJRUN, WIFE OF MD. NAUSHAD.
9. MD. FAKIR MOHAMMAD, SON OF LATE KARU ALL RESIDENTS OF VILLAGE- NAUA- NANKAR, P.S.- JOKIHAT, DISTRICTARARIA. .... .... PETITIONERS.
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY.
====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Ambika Bhagat(Spl.APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-07-2015 Learned counsel for the petitioners submits that petitioner no. 1 has been apprehended by the police, therefore, he seeks permission to withdraw this application as against the petitioner no. 1.
Permission is accorded.
Accordingly, this application is dismissed as withdraw against the petitioner no. 1.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Jokihat P.S. Case No. 81 of 2015 registered under Sections 147, 149, 341, 323, 332, 337, 307, 353, 379, 504 and 511 of the Indian Penal Code.
On the basis of written report of informant, Purshottam Singh, who is the A.S.I. of Jokihat P.S., Araria, present case has been instituted. On 21.03.2015, Md. Belal submit an application (Sanha No. 363) regarding land dispute, informant along with other police officials reached at the village for verification and found that both sides were scuffling. When the informant tried to pacified, the second party adamant to raise construction. In that course, the police party also received slight injury through Lathi, Danda and Belcha.
Learned counsel for the petitioner submits that, in fact, informant, who is the police official, supported Md. Belal to grab the land of the petitioners and they have falsely been implicated in this case. It is further submitted that it would appear from the F.I.R. that only slight injury has been sustained by the innformatn and others at the time of occurrence.
Considering the facts and circumstances of the case, let the above named petitioner nos. 2 to 9 be released on bail, in the event of arrest or surrender before the learned court below
within a period of four 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 the learned S.D.J.M., Araria, in connection with Jokihat P.S. Case No. 81 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T