Md. Hamid Mian @ Hamid Mian And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39535 of 2015 Arising out of PS.Case No. -114 Year- 2014 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Md. Hamid Mian @ Hamid Mian.

2. Md. Tasleem Mian @ Tasleem Mian. Both S/o Suleman Mian.

3. Md. Shahzad Mian @ Shahzad Mian @ Md. Shahzad, son of Tasleem Mian @ Tasleem Mian.

4. Md. Biddo @ Md. Biddo Mian @ Biddo Mian, son of Md. Tasleem Mian @ Tasleem Mian.

5. Rabban Mian @ Md. Rabban, son of Md. Tasleem Mian @ Tasleem Mian.

6. Md. Firoz Mian @ Md. Firoz, son of Md. Tasleem Mian @ Tasleem Mian.

7. Md. Fudo @ Fudo.

8. Naushad @ Naushad Mian @ Md. Naushad. Both sons of Md. Hamid Mian @ Hamid Mian. All residents of Village - Bahadurpur, P.S. Muffasil (Lakho), District - Begusarai.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Randhir Kumar No-1, Advocate. For the Opposite Party : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Muffasil P.S. Case No. 114 of 2014 for the offences instituted under Sections 147, 341, 323, 504, 427 of the IPC and 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The prosecution story, in brief, is that on 31.03.2014 at

Patna High Court Cr.Misc. No.39535 of 2015 (2) dt.29-09-2015 2/3 8.00 in the day, the informant was at his home, in the meantime, due to land dispute, the accused petitioners named in the F.I.R. armed with Lathi and Danda came, abused and attacked with Lathi, due to which, the informant received hurt in head and his wife and family members sustained injuries. During quarrel, hut and Nad were removed and cow was got free from the pig. They also thrown brick-bats, due to which the informant and others sustained injuries. They also abused by caste name. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that except for the provision of SC/ST Act, all the Sections are bailable. So far as SC/ST Act is concerned, the same is not made out as the alleged occurrence is said to have taken place inside the house and same is not in public place.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Muffasil P.S. Case No. 114/2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.39535 of 2015 (2) dt.29-09-2015 3/3 satisfaction of the learned A.C.J.M., Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T