Md. Nabi Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52429 of 2019 Arising Out of PS. Case No.-469 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

Md. Nabi Hussain S/o Md. Gulam Rasul Resident of Village- Dholbajja Hat Pothiya Ward No.11, Police Station- Forbesganj, District- Araria 2.

Md. Saddam Hussain Son of Md. Gulam Rasul Resident of VillageDholbajja Hat Pothiya Ward No.11, Police Station- Forbesganj, DistrictAraria 3.

Md. Amir Son of Md. Gulam Rasul Resident of Village- Dholbajja Hat Pothiya Ward No.11, Police Station- Forbesganj, District- Araria 4.

Md. Gulam Rasul @ Gulam Rasul Son of Late Subhani Resident of VillageDholbajja Hat Pothiya Ward No.11, Police Station- Forbesganj, DistrictAraria 5.

Md. Abul Son of Late Sobarati Resident of Village- Dholbajja Hat Pothiya Ward No.11, Police Station- Forbesganj, District- Araria 6.

Md. Noorsad Son of Late Sobarati Resident of Village- Dholbajja Hat Pothiya Ward No.11, Police Station- Forbesganj, District- Araria 7.

Md. Mojahid @ Md. Mujahid Son of Late Shareef Resident of VillageDholbajja Hat Pothiya Ward No.11, Police Station- Forbesganj, DistrictAraria 8.

Md. Zakir Son of Late Shareef Resident of Village- Dholbajja Hat Pothiya Ward No.11, Police Station- Forbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-08-2019 Heard both sides.

Petitioners apprehend their arrest in Forbesganj P.S. Case No.469 of 2019 registered under Sections 147, 149, 341, 323, 324, 448 and 379 of the Indian Penal Code. The informant alleged that while he was in a mosque,

Patna High Court CR. MISC. No.52429 of 2019(2) dt.22-08-2019 2/3 a quarrel took place. The informant came at his house. Thereafter the accused persons having armed with different weapons came at the door of the informant and assaulted the informant and others. The accused persons also assaulted Md. Sahid with sword as a result of which he sustained injury on his head. It is further alleged that the accused persons took away cash from the house of the informant.

Learned counsel for the petitioners submits that general and omnibus allegations are made against the petitioners. There is counter version being Forbesganj P.S. Case No.468 of 2019. Both sides engaged in mutual assault with each other. The injury sustained by Md. Sahid is simple in nature. Having considered the facts and the nature of allegations made against the petitioners and the fact that both sides appear to have engaged in mutual assault with each other, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Forbesganj P.S. Case No.469 of 2019,

Patna High Court CR. MISC. No.52429 of 2019(2) dt.22-08-2019 3/3 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T