Md. Israphil And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46526 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -SINGHIYA District- SAMASTIPUR ======================================================
1. Md. Israphil Son of Late Yasin
2. Md. Maskur Son of Late Moiuddin
3. Md. Kalam Son of Late Musa, All Resident of Village- Bahudara, Police-Station -Singhiya, District-Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Adv. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2016 Heard both sides.
The petitioners apprehend their arrest in Singhia P.S. Case No. 66/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. Md. Israphil petitioner no. 1 is alleged to have assaulted Md. Jahir with lathi on his head and Md. Maskur petitioner no. 2 and Md. Kalam petitioner no. 3 are alleged to have took different articles from the house of the informant.
Learned counsel for the petitioners submits that allegations are false and concocted; on account of political rivalry this case has been lodged. Similarly situated co-accused Md. Imdad and Nazir Alam have been granted anticipatory bail vide
Patna High Court Cr.Misc. No.46526 of 2016 (2) dt.02-12-2016 2/2 order dated 29.11.2016 passed in Cr. Misc. 50886/2016 by a coordinate bench of this court. Imdad and Nazir Alam are alleged to have assaulted the informant and Md. Arman respectively with sharp-edged weapon. The injury caused to Md. Jahir on account of assault made by the petitioner no. 1 is simple in nature. The allegation of theft is ornamental.
Considering the facts aforesaid, the petitioners abovenamed, 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 Additional Chief Judicial Magistrate IV, Rosera, Samastipur in connection with Singhia P.S. Case No. 66/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T