Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5085 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -DAGARUA District- PURNIA ====================================================== Md. Imran, Son of Mainuddin, resident of Village- Kanhariya, P.s.- Dagarua, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr.Murlidhar, ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dagarua P.S. Case No.64/16 registered under Sections 147, 148, 149, 323, 324, 307 and 504 of the Indian Penal Code. The accusation is that on 26.06.2016 at about 9.30 A.M. informant Mahboob Alam was erecting boundary wall over his land then, six persons including the petitioner variously armed with deadly weapons and hurling abuses came and caught hold of him. Accused Md. Sahid pierced bhala on the chest of the informant and Mainuddin gave sword blow on the informant causing cut injury on left shoulder. When the father and the sister of the informant rushed to save him, the petitioner, accused Tanvir

Patna High Court Cr.Misc. No.5085 of 2017 (2) dt.18-03-2017 2/2 and Abdul Rauf assaulted them. The petitioner also caused assault to mother of the informant.

Learned counsel for the petitioner submits that specific allegation of piercing spear on the chest of the informant is against the co-accused Md.Sahid. There is general and omnibus allegation against the petitioner and the other co-accused, Abdul Rauf and Tanvir to assault with lathi, to father, mother and sister of the informant.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his 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 learned C.J.M.,Purnea, in connection with Dagarua P.S.Case No.64/16, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U