Zamruddin Mian And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11183 of 2017 Arising Out of PS.Case No. -530 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Zamruddin Mian, s/o Hanif Mian, r/v- Fulwar Gamhariya, P.S.- Banjariya, District- East Champaran.
2. Mahendra Thakur, s/o Mankeshwar Thakur, r/vBrahampur (Bharwatola), P.S.-Banjariya, District-East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2017 Heard both sides.
The petitioners seek bail in Turkauliya (Banjaria) P.S. Case No. 530/2016, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.
The informant alleged that he planted paddy crops to his field situated by his house. On 31.10.2016, about 150-200 persons armed with different articles came and started harvesting the paddy crops. The informant and his sister-in-law Hiramati Devi went there, but on the order of Banka Singh and Lal Babu Singh, Pammu Singh fired which hit on the left side of the chest of the sister-in-law of the informant. Hiramati Devi, sister-in-law of
Patna High Court Cr.Misc. No.11183 of 2017 (2) dt.10-03-2017 2/2 the informant died on the spot.
Learned counsel for the petitioners submits that there is no specific allegation of assault against the petitioners. The petitioners were only members of the mob and they are in jail since 01.11.2016 and 13.11.2016 respectively. Considering the facts aforesaid and the fact that no allegation of assault is made against the petitioners and the petitioners are only members of the mob, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkauliya (Bangaria) P.S. Case No. 530/2016. (Prabhat Kumar Jha, J.) Rakhi U T