Md. Akbar @ Md. Anbar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59745 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- PARASBIGHA District- Jehanabad ======================================================
1. Md. Akbar @ Md. Anbar, Son of Late Isfaque.
2. Md. Suddu @ Md. Suddun, Son of Md. Asgar @ Asgar
3. Md. Sunny @ Md. Sanny, Son of Md. Asgar.
4. Ravindra Bhagat, Son of Sohrai Bhagat.
All are resident of Village- Parasbigha, Police StationParasbigha in the district of Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Adv.
For the Opposite Party/s :
Mr. Sri Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/149/34/323/325/307/379/504 of the Indian Penal Code. The prosecution case got initiated on the basis of written report submitted by Md. Kalamuddin to the Station House Officer,Parasbigha Police Station, to the effect that on 30.04.2018, at 9.00 A.M., the informant along with his brother and son went to Parasbigha for measurement of the land. During the course of measurement, five accused persons started brutally assaulting the son of the informant Md. Arman with lathi, danda
Patna High Court Cr.Misc. No.59745 of 2018(2) dt.28-09-2018 2/3 and sharp cut weapon, causing head injury to him, when the informant went to save his son the accused persons assaulted him, causing uprooting of one teeth and bleeding injury. It is also alleged that the accused persons snatched Rs.2260/- from the informant.
It is submitted by learned counsel for the petitioners that for the occurrence of 30.04.2018, the written report was submitted on 04.05.2018. The injuries of the informant and his son have been found to be superficial simple in nature. In fact, the accusation has been levelled, in the background of land dispute. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State the accusation is specific against the petitioners in the FIR. Considering the delayed lodging of the FIR and the accusation being not corroborated by the medical opinion, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond
Patna High Court Cr.Misc. No.59745 of 2018(2) dt.28-09-2018 3/3 of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jehanabad, in connection with Parasbigha P.S. Case No.68 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T