Md. Gulab @ Md. Gulab Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46684 of 2016 Arising Out of PS.Case No. -106 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================

1. Md. Gulab @ Md. Gulab Khan, son of Md. Majid Khan

2. Md. Alamgir @ Alamgir, son of Jafar Ali.

3. Md. Maksud @ Md. Maksood Alam @ Chunmun, son of Mahboob Khan.

All resident of Mohalla- Taj Bishanpur Dih, P.S.- L.N.M.U., DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 13-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with L.N.M.U. P.S. Case No.106 of 2016 registered under Sections 147, 341, 323, 307, 504, 448 and 380 of the Indian Penal Code. The accusation is that on 01.05.2016 at about 10.00 A.M., six persons, named in the F.I.R., including the petitioners armed with lathi, danda, iron rod and dagger reached at the filed of the informant, where the informant was playing cricket match. Thereafter, petitioner no.1 made demand of ransom of Rs.1000/-

Patna High Court Cr.Misc. No.46684 of 2016 (3) dt.13-12-2016 2/3 from the informant saying that the demand of ransom, as earlier made, has not been paid by him. When the informant made protest, the petitioner nos.1 and 2 respectively caused injury through iron rod at the head and right leg of the informant whereas the petitioner no.3 and one Md. Mahboob Khan caused injury through lathi to Md. Sahwaj and Md. Mahfooz, when they rushed to save the informant.

Learned counsel appearing on behalf of the petitioners submits that the petitioners and the informant are next door neighbours and due to draining out of the wastage water, there was hot exchange of words with the petitioners and the informant and the occurrence took place in which the informant's side as well as petitioners' side sustained injury. Moreover, only one injury was found on the person of the informant, which is simple in nature caused by hard and blunt substance while there is allegation of causing injury to him against the petitioner nos.1 and 2. Three injuries, as found on the persons of Md. Sahwaj and Md. Mahfooz, which is attributed to the petitioner no.3, are simple in nature caused by hard and blunt substance. It is further submitted that the petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest

Patna High Court Cr.Misc. No.46684 of 2016 (3) dt.13-12-2016 3/3 or surrender by them within six weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with L.N.M.U. P.S. Case No.106 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T