Md. Amir And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51363 of 2017 Arising Out of PS.Case No. -234 Year- 2017 Thana -KOTWALI District- MUNGER ======================================================

1. Md. Amir, son of Md. Rajjak Hoda,

2. Md. Rajjak Hoda, son of Late Md. Israfil, Both resident of MohallaMumtaz Market, Murgia Chak, P.S. Kotwali, District-Munger. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. A.M. Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kotwali (Purabasarai) P.S. Case no. 234 of 2017, registered under Sections 341 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that in the night of 4/5.07.2017 informant Samina Khatoon was informed by her neighbour that her son sustained fire arm injury and he is under treatment at Sadar Hospital. Thereafter, informant along with other reached there and saw that the blood oozing injury at the neck of her son. It is further alleged that before one month her Gotiya Md. Shahnewaj Hoda, Md. Amir (Petitioner No.1) and Md. Rajjak Hoda (Petitioner No.2) had given threatening to her son due to purchase of the land of her sister in law,

Patna High Court Cr.Misc. No.51363 of 2017 (2) dt.31-10-2017 2/2 accordingly, informant raised suspicion against the petitioners. Learned counsel for the petitioners submits that except the suspicion there is nothing against the petitioner. Further submission is that informant is not the eye-witness of the occurrence. The petitioners have no criminal antecedent.

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) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Kotwali (Purabsarai) P.S. Case No. 234 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