Md. Aarif @ Nanhu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44169 of 2016 Arising Out of PS.Case No. -215 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Md. Aarif @ Nanhu son of late Md. Hasif

2. Md. Mohsin @ Mohsin son of Md. Sultan

3. Md. Aakib @ Md. Akib son of Aarif @ Nanhu

4. Md. Nehal son of Late Md. Usman

5. Md. Afjal @ Malik Md. Afjal

6. Md. Kaishar son of Md. Nehal

7. Md. Arsad son of Md. Aziz

8. Md. Tauhid @ Lukho son of Md. Mokit Khan

9. Md. Saraj @ Buchai @ Md. Saroj son of late Md. Sakur

10. Md. Irshad son of Md. Taubid @ Lukho All residents of village - Aalapur, P.S. - Lakhisarai, District - Lakhisarai. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Onkar Nath For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Lakhisarai P.S. Case no. 215 of 2016, registered under Sections 147, 148, 149, 447, 323, 325, 324, 326 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that 13 persons named in the F.I.R., including the petitioners, came at the door of the informant Md. Jamil variously armed with weapons and started assaulting him. At that time, Md. Mohsin @ Mohsin (Petitioner) made two round of firing in the air.

Patna High Court Cr.Misc. No.44169 of 2016 (2) dt.21-10-2016 2/2 Learned counsel for the petitioners submits that there is no specific allegation against the petitioners to cause injury to the informant or his maternal uncle. Further submission is that in the said occurrence petitioners have also sustained injuries regarding which Lakhisarai P.S. Case No. 228 of 2016, under Sections 147, 148, 149, 323, 325, 307 and 504 was instituted against the brother of the informant and others on the basis of the written report of petitioner No. 6 Md. Kaishar. The petitioners having no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 215 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T