Md. Shakir Hussain @ Shakir Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51715 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -ALIPUR District- GAYA ====================================================== Md. Shakir Hussain @ Shakir Hussain Son of Abdul Shakur Mian resident of Village Mira Bigha, P.S. Alipur, District- Gaya. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sheikh Arkan Ahmad, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Alipur P.S. Case No. 44 of 2015 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338, 153A, 109, 195, 504, 506, 509 of the Indian Panel Code and Section 27 of the Arms Act.
As per prosecution case, the informant was returning his home after attending the meeting in respect to organizing Akhand Kirtan in the local temple, then in course of the way when he reached near Imambara of the village, then the petitioners and other accused named in the F.I.R. allegedly
Patna High Court Cr.Misc. No.51715 of 2015 (3) dt.10-02-2016 2/3 chased him to make assault and in course thereof, when the informant rushed to his house and even put his step on the Varandah thereof, these petitioners chasing him and assaulted brutal manner, though his father and other family members tried to pacify them telling that his son was not the thief, they did not stop and continued to assault him. These petitioners also indulged into brickbatting and stone pelting on the house. The occurrence took place because of the communal feeling. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is a case and counter case between the parties. From perusal of the injury report from the case diary, it appears that the nature of injury is simple.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of six weeks from today, be released on bail furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sherghatti, Gaya in connection with Alipur P.S. Case No. 44 of
Patna High Court Cr.Misc. No.51715 of 2015 (3) dt.10-02-2016 3/3 2015, on subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J.) ajaypd./- U T