Patna High CourtCR. MISC./46758/2016disposed

Md. Sabbir And ORS v. The State Of Bihar

2017-01-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46758 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -PHULWARI District- PATNA ======================================================

1. Md. Sabbir

2. Md. Sagir.

3. Md. Safique.

4. Md. Safi Alam @ Tere Nam. All sons of Md. Jalil residents of Murgiachak, P.S. Janipur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Narayan Sharma, Adv. For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2017 Heard both sides.

The petitioners no. 1, 2 and 4 apprehend their arrest in Phulwarisharif (Janipur) P.S. Case No. 166/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.

The informant alleged that the petitioners assaulted his father with stick and iron rod which caused injury on the head of his father.

Learned counsel for the petitioners submits that the petitioners are sons of Md. Jalil. The informant is uncle of the petitioners. There is land dispute between the parties. The

Patna High Court Cr.Misc. No.46758 of 2016 (4) dt.18-01-2017 2/2 informant also stated that the occurrence took place due to dispute with regard to partition of the property. One injury was found on the head of father of the informant and grand-father of the petitioners. No specific allegation of assault is made against the petitioners. Till date the Investigating Officer has not collected opinion with regard to the injuries found on the person of the father of the informant.

Considering the facts aforesaid, the petitioners no. 1, 2 and 4, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 166/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T