Polai Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31811 of 2017 Arising Out of PS.Case No. -77 Year- 2016 Thana -KARJAIN District- SUPAUL ======================================================
1. Polai Mian, son of late Bazir Mian
2. Hasmuddin, son of Polai Mian
3. Md. Usman @ Md. Islam, son of Late Majid Mian.
4. Md. Majeed, son of Jal Mohamad.
5. Rozid Mian, son of Jal Mohamad.
6. Rajjak @ Md. Rajjak, son of Jal Mohamad All are resident of Bauraha, P.S.- Karjain, District- Supaul. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Karjain P.S. Case No.77 of 2016, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 332, 333, 307, 353, 436, 504 and 506 of the Indian Penal Code.
The incident has occurred with respect to taking the possession of the land. Both sides have entered into a hot discussion and started scuffling and assaulting each other. Specific allegation has been made against petitioner no.2 to have inflicted Dabia blow on the head of the Noor Hasan
Patna High Court Cr.Misc. No.31811 of 2017 (2) dt.20-07-2017 2/2 There is no specific allegation against other petitioners, save and except omnibus.
Looking to the facts and circumstances of the case, let the above-named petitioner nos. 1, 3 to 6 be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Birpur (Supaul), in connection with Karjain P.S. Case No.77 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
So far as the bail of petitioner no.2 is concerned, the same is rejected.
(Shivaji Pandey, J) pawan/- U T