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Patna High CourtCR. MISC./56887/2015bail granted

Munna Singh @ Munna Kumar Singh And ORS. v. The State Of Bihar

2015-12-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56887 of 2015 Arising Out of PS.Case No. -189 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Munna Singh @ Munna Kumar Singh son of Surendra Rai

2. Faiyaz Mian @ Faiyaz Ahmad son of Shamshad Mian

3. Izaz Ahamd @ Izaz Alam son of Gyasuddin Mian

4. Mahmood Mian @ Mahmood Alam son of Zabbar Mian All are residents of Village- Koini Bazar Tola, P.S. Majhagarh, DistGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhilesh Kumar, Advocate For the Opposite Party/s : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-12-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 324, 307, 379 of the Indian Penal Code.

The prosecution case is that the informant was on his door, co-accused Samsul Mian caused injury on the head of the neighbour of the informant Bhairo Sharma, when informant went to rescue, then rest petitioners assaulted with farsha with intention to kill him. In the meantime Firoz Mian inflicted farsha blow over the neck of the informant. Petitioner no. 4 Mahmood Mian

Patna High Court Cr.Misc. No.56887 of 2015 (2) dt.16-12-2015 snatched gold chain from the neck of the informant. When the son of informant Ranjit Sharma came to rescue him, co-accused Junaid Alam assaulted with butt of the gun, causing head injury. The motive of assault relates to dispute with regard to pathway.

It is submitted by the learned counsel for the petitioners that specific accusation of assault is against Samsul, Firoz and Junaid Mian. Injury has been found to be simple in nature. There is counter version of the occurrence. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarah P.S. Case No. 189 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T