Dosh Mohammad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50136 of 2015 Arising Out of PS.Case No. -168 Year- 2015 Thana -BARHARIA District- SIWAN ======================================================
1. Dosh Mohammad son of Mauladdin Mian
2. Imam Ali Son of Nashray Alam Shah @ Nashray Alam
3. Azad Ali son of Ish Mohammad
4. Naushad Ali son of Safi Ahmad
5. Babar Ali son of Samiullah
6. Bablu Shah son of Sagir Sah
7. Hafiz Thakur son of Abdul Rajjak
8. Alimuddin @ Almoddin Alam son of Nashruddin Miyan All residents of Village - Sikandarpur, Police Station - G.B.Nagar, Tarwara, District - Siwan.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-12-2015 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the Informant, Mr. Rampravesh Nath Tiwari.
The petitioners apprehend their arrest in connection with Barharia (G.B. Nagar) P.S. No. 168 of 2015 registered under Sections 147, 148, 149, 323, 324, 307 354, 379 of the Indian Penal Code and section 27 of the Arms Act.
The accusation is that petitioners along with 8-9 unknown persons armed with weapons attacked at the informant Abdul Majeed. In that course, Ajad Ali caused injury at his head and face whereas petitioner no.1 Dosh Mohamad caused injury
Patna High Court Cr.Misc. No.50136 of 2015 (3) dt.07-12-2015 2/2 through Garasa, Basir Alam through farsa and Hafij Thakur through Kata and Imam Ali through sword caused injury to the informant and others and at that time, they also damaged his motorcycle.
Learned counsel appearing on behalf of the petitioners submits that petitioners and informant are parttidar. Earlier, father of the petitioner no.5 had filed Baraharia (G.B. Nagar) P.S. Case No. 167 of 2015 against the informant, due to that reason, this present case has falsely been lodged against the petitioner. Moreover, injuries are said to be caused by the petitioners are found simple in nature.
Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of 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 C.J.M., Siwan in connection with Barharia (G.B. Nagar) P.S. Case No. 168 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J.) Shail/- U T