Mojibullah @ Najeebullah And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.1702 of 2017 (2) dt.19-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1702 of 2017 Arising Out of PS.Case No. -183 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Mojibullah @ Najeebullah S/o Sk. Gufran
2. Md. Wasim@Wasim Ahmad S/o late Imran Ahmad
3. Md. Gufran@Gufran Ahmad S/o late Harun Rashid
4. Md. Sahaib@Md. Soaib S/o late Ilmuddin All resident of Deurwa, P.S, Lauriya, District West Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Aditya Nath Jha For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners apprehend their arrest in connection with Lauriya P.S. Case No. 183 of 2016 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 308, 379, 504 and 506 of the Indian Penal Code.
Allegedly, the petitioners and other FIR named accused persons were assaulting Fufa (uncle) of the informant and when the informant went to rescue him, the petitioner no. 2 Wasim Ahmad gave order to kill him and then Azad assaulted him with Farsa on his head, resulting, the informant fell down receiving injury and all assaulted with fat and feet and further took out Rs. 4400/- from his pocket and when Sonu came to rescue then the
Patna High Court Cr.Misc. No.1702 of 2017 (2) dt.19-01-2017 petitioner no. 2 Wasim assaulted him with knife which hit on his left wrist.
Submission is of false implication and that there is case and counter case, both sides have received injuries, Md. Sonu has not received any injury with sharp cut weapon, simple injuries have been found on his person which are caused by blunt object and the allegation for assaulting the informant by Farsa is against Azad and not against the petitioners.
Learned APP opposes the prayer of bail.
In the facts and circumstances stated above, the petitioners above named, in case of their surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate/concerned Court, West Champaran at Bettiah in connection with Lauriya P.S. Case No. 183 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T