Nasur Mian @ Nasir Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54366 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -KARPI District- JEHANABAD ======================================================

1. Nasur Mian @ Nasir Mian Son of Liyakat Mian

2. Md. Hamid @ Hamid Mian Son of Liyakat Mian

3. Shakil Mian @ Saquil Mian Son of Izahar Mian resident of Village - Rohai, P.S. - Karpi, District - Arwal.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Karpi P.S. Case No. 113 of 2016 for the offences instituted under Section 341, 323, 307, 504, 147, 149 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant along with his brother and nephew was constructing work in the meantime the petitioners along with other co-accused having armed with lathi, danda and rod came there and assaulted on the head of the informant and his nephew and his cousin brother was assaulted mercilessly.

Patna High Court Cr.Misc. No.54366 of 2016 (2) dt.21-12-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. They have falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 of the Indian Penal Code is made out against the petitioners.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today, in connection with Karpi P.S. Case No. 113 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Arwal, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T