Md. Abbu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47819 of 2015 Arising Out of PS.Case No. -211 Year- 2015 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Abbu Son of Md. Kadir.

2. Md. Pappu Son of Md. Kadir.

3. Md. Miskin Son of Md. Kadir.

4. Md. Shamim son of Mustafa

5. Sadarul son of Idris All are resident of Village -Madhura Uttar Palar P.s Narpatganj Dist Araria.

.... .... Petitioner/s

Versus

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

For the Petitioners : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3 09-11-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend arrest in Narpatganj P.S. Case No. 211 of 2015 dated 02.06.2015 instituted under Sections 147/ 148/ 149/323/324/307/325/379/504/506 of the Indian Penal Code. The allegation against the petitioners and others is general and omnibus of assault leading to injury and also taking away of rupees forty thousand and papers of land from a box. Learned counsel for the petitioners submits that though there is allegation of assault, including that by sharp cutting weapon, but the same is general and omnibus and for the same incident there is also a counter case and both the sides have

Patna High Court Cr.Misc. No.47819 of 2015 (3) dt.09-11-2015 P2/2 received injuries of similar nature. It is submitted that there is background of civil dispute and the petitioners have been made accused by the informant party in other cases also. Learned A.P.P. submits that there is injury caused to the victims. However, he is not in a position to dispute the fact that for the same occurrence there is a counter case and the petitioners and others have also received similar injuries.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 the learned Chief Judicial Magistrate, Araria in Narpatganj P.S. Case No.211 of 2015, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

The petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. Any violation of the terms and conditions of the bonds shall also lead to cancellation of their bail bonds.

(Ahsanuddin Amanullah, J) Saif/- U T