Mojibur Rahman @ Mojiburi Rahman @ Mojiburahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1151 of 2021 Arising Out of PS. Case No.-338 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== MOJIBUR RAHMAN @ MOJIBURI RAHMAN @ MOJIBURAHMAN Son of Late Najiruddin Resident of Village - Laxmipur Purandaha, P.S.- Simraha, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha For the Opposite Party/s :
Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-08-2021 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Forbesganj (Simraha) P.S. Case No. 338 of 2020 (G.R. No. 1436/2020) instituted for the offences under Sections 447, 341, 323, 324, 325, 307, 354, 427, 379, 504 and 506/34 of the Indian Penal Code. The accusation against the petitioner and others is of having assaulted the son of the informant causing
Patna High Court CR. MISC. No.1151 of 2021(2) dt.11-08-2021 2/3 grievous injuries to him. It has been alleged in the F.I.R. that one Mohibur Rahman assaulted the son of the informant. The petitioner is not the person who has been attributed with the aforesaid role. Except for the petitioner having been named in the F.I.R., no overt act has been attributed against him. The implication of the petitioner in this case is because of old enmity and land dispute.
Considering that the petitioner is not the author of grievous injury on the son of the informant, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj (Simraha) P.S. Case No. 338 of 2020 (G.R. No. 1436/2020), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.1151 of 2021(2) dt.11-08-2021 3/3 While saying so this Court has taken note of the fact that the petitioner does not have criminal antecedents.
(Ashutosh Kumar, J) sunilkumar/- U T