Mister And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.47036 of 2015 (3) dt.27-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47036 of 2015 Arising Out of PS.Case No. -130 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Mister, son of Majibul Haque @ Mohibul Hasan.

2. Mister, son of Nanhey Alam, Both Resident of village- Pipra, P.S.- Manjhagarh, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghulam Rabbani, Advocate. For the Opposite Party/s : Mr. Navin Kr. Panday (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Manjhagarh P.S. Case No. 130 of 2015 registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

The accusation is that petitioners and two others named in the F.I.R. along with 5-6 unknown surrounded the informant, Manoj Kumar Singh, in course of returning to the house from Mogal Baracha, in the way. When informant made protest then he was assaulted by Lathi and sword. At that time, accused, Sarif Alam, cause injury through sword at the head of the informant, when Santosh Singh, reached there to save the

Patna High Court Cr.Misc. No.47036 of 2015 (3) dt.27-01-2016 informant then he was also assaulted by them and at that time, Nanhi Alam took cash of Rs.5000/- from the pocket of the informant.

Learned counsel for the petitioners submits that there is specific allegation only against co-accused, Sarif Alam to cause injury through sword at the head of the informant with general and omnibus allegation against the petitioners and others, in fact, due to land dispute petitioners have falsely been implicated in this case. It is further submitted that four injuries were found on the person of the informant, which are simple and nature. Considering 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 Judicial Magistrate Ist Class, Gopalganj, in connection with Manjhagarh P.S. Case No. 130 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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