Md. Mahboob v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42544 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== 1.
Md. Mahboob, Son of Late Gani, Resident of village- Pithna, P.S.- Goradih, District- Bhagalpur.
2.
Md. Rasid, Son of Md. Mahboob, Resident of village- Pithna, P.S.- Goradih, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sabour (Goradih) P.S. Case No. 257 of 2018, registered under Sections 147, 149, 341, 323, 307 and 448 of the Indian Penal Code.
The accusation is that, on 23.08.2018, at about 1.30 P.M., five persons named in the F.I.R. including the petitioners having armed with Sabal, Farsa and iron rod came at the house of informant, Md. Aspak, and started to cause assault, in which, wife of the informant sustained injury at her head and in the said occurrence, informant and his daughter, Jikra, also sustained
Patna High Court CR. MISC. No.42544 of 2019(2) dt.10-07-2019 2/2 injury.
Learned counsel for the petitioners submits that due to land dispute, occurrence took place, in which, petitioners' side also sustained injury, regarding which, Sabour (Goradih) P.S. Case No. 258 of 2018 is instituted on the basis of written report of wife of petitioner no.1. Further submission is that injuries, as found on the person of the informant and his daughter, are simple in nature whereas injury, as found on the parietal bone of the wife of the informant is said to be grievous in nature.
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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour (Goradih) P.S. Case No. 257 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T