Mahboob Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.5119 of 2017 (3) dt.27-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5119 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -MANSAHI District- KATIHAR ====================================================== Mahboob Alam, Son of Late Lal Mohammad, resident of Village- Hari Prasad, P.S.- Mansahi, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mansahi P.S. Case No. 72 of 2016, registered under Sections 341, 342, 147, 148, 149, 323, 307, 379 and 504 of the Indian Penal Code.

The accusation is that seven persons named in the F.I.R. including the petitioner cut the ridge of the field of the informant. When the informant and his family members made protest, then this petitioner caused injury at the head of the informant through Farsa whereas co-accused Md. Mazhar Alam @ Md. Mazhar Ali also caused injury at the head of Basir through sickle.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.5119 of 2017 (3) dt.27-03-2017 occurrence took place due to land dispute, in which, petitioner's side also sustained injury, regarding which, Mansahi P.S. Case No. 70 of 2016 is instituted on the basis of written report of petitioner. Moreover, injury as found on the persons of informant, which is said to be caused by this petitioner, is simple in nature. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Katihar, in connection with Mansahi P.S. Case No. 72 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T