Patna High CourtCR. MISC./59824/2018bail granted

Md. Kalam And ORS v. The State Of Bihar

2018-10-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59824 of 2018 Arising Out of PS. Case No.-430 Year-2018 Thana- FORBESGANJ District- Araria ======================================================

1. Md. Kalam

2. Fakruddin @ Kafruddin Both are son of Butan

3. Papu @ Sokhtar son of Kalam all are resident of VillageHaripur Bhalpatti, P.S. Forbisganj, District Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Forbesganj P.S. Case No. 430 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code. Informant has alleged in his written complaint that after selling Maize when he was returning to his village petitioners and other co-accused stopped him and started assaulting him and thereafter fired upon him with an intention to kill him and thereafter snatched Rs.10,00,000/- from dikki of his motorcycle.

It has been submitted on behalf of the petitioners

Patna High Court Cr.Misc. No.59824 of 2018(2) dt.04-10-2018 2/2 that they are innocent and have committed no offence. There is land dispute between the parties. There is case and counter case. Injury report has been enclosed as Annexure-3 in which two injures have been found caused by hard and blunt substance which is not attributable to petitioners. Loot of Rs.10 lacs is ornamental and super addition only to make offence graver. They have no criminal antecedent. They are in custody since 18.06.2018, 19.06.2018 and 29.06.2018 respectively. Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Forbesganj P.S. Case No. 430 of 2018.

(S. Kumar, J) Rajiv/ManojU T