Kalam Akhtar @Abool Kalam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41701 of 2015 Arising Out of PS.Case No. -151 Year- 2015 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Kalam Akhtar son of Sheikh Mahmood,
2. Javed Akhtar @ Jeena son of Kalam Akhtar,
3. Tabrej Akhtar son of Kalam Akhtar,
4. Sahnawaz Akhtar @ Raja son of Kalam Akhtar, All resident of Village- Telpur Devraj, P.S.- Lauriya, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-10-2015 Heard learned counsels for the petitioners, State and the informant.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 324, 307, 504 and 506/34 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case is that the informant and his friend were taking tea at tea stall when petitioner no. 2 Javed Akhtar started abusing, thereafter petitioner no. 3 Tabrej Akhtar inflicted injury with the Farsa on the head of Sikandar and on the order of petitioner no. 3 Tabrej Akhtar, petitioner no. 2 Javed Akhtar resorted to fire causing injury on the right hand
Patna High Court Cr.Misc. No.41701 of 2015 (2) dt.08-10-2015 2/3 of the informant.
It is submitted by learned counsel for the petitioners that the informant side were aggressors and they caused firearm grievous injury to petitioner no. 4 Sahnawaz Akhtar and the case lodged by the petitioners' side is at earlier point of time. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Moreover, the injuries have been found to be simple in nature. It is submitted by learned counsel for the informant that the injuries have been caused on the vital part of the body and there is specific accusation against petitioner nos. 2 and 3.
Considering the fact that petitioner no. 2 Javed Akhtar caused injury to the informant with country made pistol, let the learned court below consider the prayer for regular bail of petitioner no. 2, if he surrenders before the learned court below within a period of six weeks from today. Accordingly, his application is disposed of.
So far as petitioner nos. 1, 3 and 4 are concerned, let the above named petitioner nos. 1, 3 and 4 be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of
Patna High Court Cr.Misc. No.41701 of 2015 (2) dt.08-10-2015 3/3 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, West Champaran at Bettiah in connection with Lauriya P.S. Case No. 151 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