Md. Samsher And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4718 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -CHAUSA District- MADHEPURA ======================================================
1. Md. Samsher Son of Md. Mazid
2. Md. Rizwan @ Jiyauddin, Son of Md. Idris
3. Md. Usman, Son of Md. Idris
4. Md. Gyashuddin @ Jiyauddin, Son of Md. Tasir, All Resident of villageDhuriya, Kalasan, Kunjar Tola, P.S.- Chausa, District- Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioners and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307 of the Indian Penal Code and Sections 25(1-B)a, 26, 27 of the Arms Act.
The informant being S.H.O. of Chausa Police Station received information that cross firing is going on between two groups in the background of land dispute when the police reached on the spot one country made masket loaded with cartridge was seized and seizure list was prepared. The local people disclosed the names of 24 FIR named accused persons including the
Patna High Court Cr.Misc. No.4718 of 2016 (2) dt.04-02-2016 2/2 petitioners who participated in the firing.
It is submitted by learned counsel for the petitioners that accusation is omnibus and general and only on suspicion the accusation has been levelled in the background of land dispute. None have received injury. Except petitioner no.1 who is accused in one other case apart from present one, the other petitioners have no criminal antecedent statement to the aforesaid effect has been made in para 3 of the petition.
Considering the nature of accusation let the above named petitioners be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/ (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Class, Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 35 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) siddharth/- U T