Hasmuddin Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16055 of 2018 Arising Out of PS. Case No.-344 Year-2017 Thana- PAHARPUR District- East Champaran ======================================================

1. Hasmuddin Mian, Son of Sukat Mian,

2. Kurban Mian @ Kurban Hussain,

3. Shahjad Mian Both are Son's of Sukat Mian,

4. Afroj Mian @ Afroj Ansari S/o Hasmuddin Mian,

5. Bul Mian @ Bal Mian @ Bil Mian S/o Butai Mian,

6. Karmullah Ansari @ Karmullah Mian S/o Bal Mian,

7. Firoz Mian @ Firoz Ansari S/o Hasmuddin Mian,

8. Sukat Mian S/o Late Butai Mian , All R/o Village- Amwa Birit , P.S.- Pahar Pur District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-04-2018 Heard the learned counsels for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Pahar Pur P.S. Case No. 344 of 2017 dated 09.12.2017 instituted for the offences under Sections 341, 323, 354(B), 504 and 34 of the Indian Penal Code.

The petitioners are alleged to have made attempts to cut and take away bamboo trees belonging to the informant and when a protest was made, the petitioners and others assaulted the members of the family of the informant.

Learned counsel for the petitioners has

Patna High Court Cr.Misc. No.16055 of 2018(2) dt.09-04-2018 2/2 submitted that specific allegation has only been alleged against the petitioner no. 3 and the narration made in the FIR is not at all correct. There is a counter version of the occurrence leading to another FIR viz. Paharpur P.S. Case No. 348 of 2017, which has been lodged by petitioner no. 8 against the informant and others. Regard being had to the nature of accusation against the petitioners and there being a counter version as well, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pahar Pur P.S. Case No. 344 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T