Md. Shafiqul Hassan @ Raju And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32553 of 2017 Arising Out of PS.Case No. -183 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================

1. Md. Shafiqul Hassan @ Raju

2. Md. Shamsher Alam @ Raja

3. Md. Nazish Hussain

4. Sajid Hussain @ Babu, All Sons of Ali Hussain, Resident of Villagebodh Gaya Bazar, P.S.-Bodhgaya, District-Gaya .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mahtab Alam For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bodh Gaya P.S. Case no. 183 of 2017, registered under Sections 341, 323, 325, 307 and 379/34 of the Indian Penal Code. The allegation of informant Bhim Malakar is that his elder brother Pawan Malakar has a shop of fruits near Sabji Market in Bodhgaya. On 21.03.2017 at about 8.30 A.M. he went to the shop of his elder brother and returned to Gandhi Chowk, then he received information that some persons assaulting his brother then he went there and saw that petitioners and one Danish having lathi and stick in their hand brutally assaulting his elder brother. At that time, Md. Danish took cash of Rs. 1,50,000/- to the shop of his brother.

Patna High Court Cr.Misc. No.32553 of 2017 (3) dt.10-08-2017 2/2 Learned counsel for the petitioners submits that while allegation of causing assault by the four persons, but only one injury was found on the person of the brother of the informant, which is simple in nature. Further submission is that petitioners have no criminal antecedent and they have falsely been implicated in this case. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Bodhgaya P.S. Case No. 183 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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