Patna High CourtCR. MISC./60610/2017bail granted

Javed And ORS v. The State Of Bihar

2017-12-13Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60610 of 2017 Arising Out of PS.Case No. -436 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Javed, son of Md. Raja Ansari.

2. Sonu, son of Nizamuddin.

3. Guddu, son of Salauddin.

All of village-Pakri Makriyar, Police Station-Dhanauti O.P., DistrictSiwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 13-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Siwan Mufassil (Dhanauti) P.S. Case No.436 of 2017 registered under Sections 341, 324, 307, 379 and 511/34 of the Indian Penal Code.

The accusation is that in the mid night of 13/14.09.2017, when the informant woke up and moved towards his shop then found five persons, named in the F.I.R., including the petitioners, indulged in breaking the lock of the door of his shop. When the informant made protest then they attacked the informant through knife causing blood oozing injury. On alarm being raised by the

Patna High Court Cr.Misc. No.60610 of 2017 (2) dt.13-12-2017 2/2 informant, the villagers started to come then all fled away. Learned counsel for the petitioners submits that, in fact, the petitioners and other accused, named in the F.I.R., are the Pattidars of the informant and there is dispute in between them and the informant in respect of partition of the land. While the informant sustained injuries in the evening due to falling from the motorcycle but with an ulterior motive, he lodged the present case. Moreover, the one injury, as found on the person of the informant, is of laceration in nature caused by hard and blunt substance.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Siwan Mufassil (Dhanauti) P.S. Case No.436 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S.