Sams Reja And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12759 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -PATHAMARI District- KISANGANJ ======================================================

1. Sams Reja, son of Najir Hussain,

2. Nasim, son of Wahid Hussain, Both are resident of Andabari, P.S.- Pathamari, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarun Prasad Mandal, Advocate. For the Opposite Party/s : Mr. Nand Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2017 Heard both sides.

The petitioners apprehend their arrest in Pathamari P. S. Case No. 10 of 2016 registered for the offences under Section 307 and other Sections of the Indian Penal Code. The informant Gulam Asif Jilani alleged that many persons came and surrounded him and his family members. The informant identified the petitioners and other accused Nazir Hussain, Anwarul Haque, Nazimuddin. It is also alleged that Nazir Hussain assaulted his father with sword and he sustained injury.

Learned counsel for the petitioners submitted that for the said offence one case is the present one and another case

Patna High Court Cr.Misc. No.12759 of 2017 (2) dt.11-04-2017 2/2 is Pathamari P.S. Case No. 12 of 2016 registered against the petitioners and third case is registered by the police. No specific allegation of assault is made against the petitioners. From the side of the petitioners, Pathamari P.S. Case No. 11 of 2016 was registered in which it is alleged that the informant and other came to his house and committed theft and many articles were stolen after assaulting the informant and others.

Considering the facts aforesaid and that no specific allegation is made against the petitioners, namely, Sams Reja and Nasim, 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 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Kishanganj in Pathamari P. S. Case No. 10 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Mishra/- U T