Ashif Hussain And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.41393 of 2015 (2) dt.07-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41393 of 2015 Arising Out of PS.Case No. -457 Year- 2015 Thana -TURKAULIYA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Ashif Hussain, S/o Hamid Hussain,

2. Aasim Hussain @ Md Aasim S/o Sahid Hussain,

3. Amir Hussain, S/o Late Majid Hussain,

4. Famim Hussain @ Md. Khatim S/o Sahid Hussain

5. Bhola Rai, @ Bhola S/o Late Sheik Husnain

6. Bhothu, S/o Late Sheikh Husnain All are resident of P.S.- Banjariya, East Champaran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 07-10-2015 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State.

The petitioners apprehend their arrest in relation to Turkauliya (Banjariya) P.S. Case No. 457/2015 registered under Sections 302, 147, 148 and 149 of the Indian Penal Code.

Learned counsel for the petitioners submits that the post mortem report would show that the deceased was an old man and died of cardiac arrest. He further submits that in fact the deceased was at his agricultural field where he died of cardiac arrest. He

Patna High Court Cr.Misc. No.41393 of 2015 (2) dt.07-10-2015 sustained some bruises by falling in the field, taking opportunity the petitioners have been implicated. On the other hand, learned counsel for the informant brings to the notice of this Court the inquest report which apparently is at variance to the post mortem report.

Be that as it may, considering the facts and circumstances, till submission of charge-sheet, in the event of their arrest/surrender before the court below within four weeks, let the petitioners above-named be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 457/2015, subject to conditions laid down under Section 438 (2) of the Code of Criminal Procedure. If the petitioners are charge-sheeted, they would have to surrender and pray for regular bail.

(Navaniti Prasad Singh, J.) Rajeev/- U T