Moladam Khan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59677 of 2018 Arising Out of PS. Case No.-410 Year-2017 Thana- MUFFASIL District- West Champaran ======================================================
1. Moladam Khan, S/o- Jalim Mian,
2. Imam Khan, S/o- Jalim Mian,
3. Ali Mohammad Khan, S/o Jalim Mian,
4. Nehal Khan, S/o- Mogal @ Ali Ahmad Khan,
5. Guddu Mian, S/o- Ajmer Mian,
6. Reyaj Mian, S/o- Muslim Mian,
7. Sahid @ Sonu, S/o- Ismael Mian.
All R/o Vill.- Sansaraiay, P.S.- Bettiah Muffasil, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deovind Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 506 of the IPC.
The prosecution case, as per the fardbeyan of Dinesh Kumar, dated 02.10.2017, recorded by S.I., Bettiah Muffasil Police Station is to the effect that when the informant was sitting at his door and watching the television, in the meantime, all the accused persons including the petitioners came variously armed and when the informant protested, then petitioner no.1, Moladam Khan pushed the informant and assaulted with Dabia
Patna High Court Cr.Misc. No.59677 of 2018(2) dt.28-09-2018 2/3 on his head and when the mother of the informant came to rescue him, she was also assaulted by petitioner nos. 5 and 6, Guddu Mian and Reyaz Mian with fists and slaps. Learned counsel for the petitioners submits that in the background of earlier dispute, the accusation has been levelled. There is counter version of the occurrence also, being Bettiah Muffasil P.S. Case No. 409 of 2017. The informant has received one lacerated simple injury on the occipital region caused by hard and blunt substance. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR with specific accusation.
Considering the nature of injury being simple and not corroborating with the medical opinion, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/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 like amount each to the satisfaction of learned C.J.M., Bettiah, in
Patna High Court Cr.Misc. No.59677 of 2018(2) dt.28-09-2018 3/3 connection with Bettiah Muffasil P.S. Case No. 410 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/Deepak/- U T