Patna High CourtCR. MISC./30725/2017bail granted

Md. Irshad And ANR v. The State Of Bihar

2017-08-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30725 of 2017 Arising Out of PS.Case No. -74 Year- 2015 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Md. Irshad Son of Md. Shafique.

2. Md. Mansoor, Son of Late Mehdi. Both resident of Village- Puraini, Police Station- Sri Nagar, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-08-2017 Heard both sides.

The petitioners apprehend their arrest in Sri Nagar P.S. case No. 74 of 2015 under Section 307, 380 and other Sections of the Indian Penal Code.

The informant alleged that petitioners and others came and Md. Hasam assaulted the informant with Farsa on her head. When Sohaila Khatoon came to save Md. Mistar assaulted her with iron rod which hit on her right hand causing fracture injury. Md. Mojib assaulted Hasmun Nisha with iron rod and when Md. Iftikhar came to save Md. Irshad assaulted him with spear which hit on his right hand.

The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.30725 of 2017 (4) dt.23-08-2017 2/2 petitioners are co-sharers of the informant. There is land dispute between the parties. There is no specific allegation of assault against petitioner No.2, Md. Mansoor. Md. Irshad, petitioner No.1, is alleged to have assaulted Md. Iftikhar with spear on his right hand but the injury is opined to be caused by hard and blunt object and simple in nature.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Madhepura in connection with Sri Nagar P.S. case No.74 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T