Md. Sohrab And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 52022 of 2016 Arising out of P.S. Case No. - 465 Year - 2016 Thana - FORBESGANJ District - ARRARIA ======================================================
1. Md. Sohrab
2. Md. Sajjad @ Sajjad, Both, Sons of Suleman Mansoori, Residents of Village Rampur South, Ward No. 14, P.S. Forbesganj, District Araria .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No. 53872 of 2016 Arising out of P.S. Case No. - 465 Year - 2016 Thana - FORBESGANJ District - ARRARIA ======================================================
1. Md. Suleman Mansoori @ Suleman Mansoori, S/O Late Panchu Mian
2. Md. Murtuza @ Murtaza
3. Md. Rustam Petitioner No. 2 and 3 are Sons of Suleman Mansoori @ Md. Suleman Mansoori. All residents of village Rampur South Ward No. 14, P.S. Forbesganj, District Araria .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr. Misc. No. 52022 of 2016) For the Petitioners : Mr. Anil Prasad Singh, Advocate For the Opposite Party : Mr. Sri Narsingh Tanti, A.P.P.
(In Cr. Misc. No. 53872 of 2016) For the Petitioners : Mr. Anil Prasad Singh, Advocate For the Opposite Party : Mr. Sri Prem Kumar Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-03-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354(B), 448, 380, 504 and 506 of the Indian Penal Code. The animal of the petitioners had grazed the crop of the
Patna High Court Cr.Misc. No.52022 of 2016 (4) dt.02-03-2017 2/2 informant and for that dispute the petitioners, allegedly, committed assault and theft. Specific allegation against the petitioner Rustam and Md. Murtuza is to have caused injury with iron rod and farsa on the head of the wife of the informant. The Doctor has found single injury. Allegation against petitioner Md. Sohrab and Sajjad is that they caused injury at the head of Md. Azim. However, the Doctor has found single injury.
Submission of the petitioners is that it is difficult to attribute as to who out of the two had caused single injury on the head which was simple in nature.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail 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, Araria/Successor Court in connection with Forbesganj Police Station Case No. 465 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Kundan (Birendra Kumar, J) U T