Md. Buddan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54514 of 2017 Arising Out of PS.Case No. -188 Year- 2017 Thana -WARISNAGAR District- SAMASTIPUR ======================================================
1. Md. Buddan S/o Late Samim
2. Julli Praveen D/o Md. Soyeb
3. Hajrati Khatoon W/o Md. Hasan
4. Md. Julkain @ Baleshwar S/o Md. Hasan All 1 to 4 R/o Village Satmalpuri, P.S. Warisnagar, Distt. - Samastipur. .... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Warisnagar P.S. Case no. 188 of 2017, registered under Sections 447, 341, 323, 324, 307, 337, 338, 379, 506 and 504/34 of the Indian Penal Code.
The accusation is that in the evening of 18.08.2017 informant Md. Azad and his brother Md. Ehsan were sitting on his door. At that time, Md. Halan and petitioner No.1 Md. Budhan came and started to abuse. On protest made by the informant, both started to cause injury through fist and slaps. On raising alarm, petitioner No.4 Julkain @ Baleshwar and Md. Soib came and pulled the informant. At that time Md. Firoj caused injury at the head of informant through iron
Patna High Court Cr.Misc. No.54514 of 2017 (2) dt.16-11-2017 2/2 rod and Md. Soheb caused injury through sword at the head of Md. Ehsan. At that time, petitioner No.2 Juli Parveen and Petitioner No.3 Hajrati Khatoon also reached there and started pelting brick and stones and petitioner No.4 Julkain @ Baleshwar took cash of Rs. 16,000/- from the pocket of the informant.
Learned counsel for the petitioners submits that while petitioners are named in the F.I.R., but allegation of causing injury at the head is against Md. Firoj and Md. Soheb and not against these petitioners. The allegation against petitioner No.3 is of snatching cash is super addition and allegation against petitioner No.2 and petitioner No.4 is general and omnibus. The petitioners have no criminal antecedent.
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 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 Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 188 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T