Md. Fariyad Alam And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.13104 of 2018 (3) dt.25-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13104 of 2018 Arising Out of PS.Case No. -250 Year- 2017 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Fariyad Alam, son of Late Noor Alam

2. Abre Alam @ Bablu, son of Fariyad Alam, both resident of Village Adhkapariya, PS Ramgarhwa, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Nath Jha For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 25-04-2018 Heard learned Counsel for the petitioners and the State as also the learned Counsel for the informant..

Petitioners, already in custody since 10.12.2017, seek bail in Ramgarhwa PS Case No. 250 of 2017 registered under Sections 341, 323, 307, 504/34 of the IPC and Section 25(1-b)a, 26, 27, 35 of the Arms Act.

The allegation in brief is that due to land dispute the petitioners assaulted the informant and others and also shoot at the informant's nephew causing fire arm injury to him. Learned Counsel for the petitioner submits that there is land dispute between both sides, no specific overt act is attributed to the petitioners and the injuries found on the person of the injured are simple in nature.

Whereas learned Counsel for the informant submits that there is specific allegation of firing at the informant's nephew and three bullets were found lodged in the body of the injured on the vital parts of the body including abdomen.

Having considered the said facts and circumstances, the prayer for bail of the petitioners is rejected. Snkumar/- (Arun Kumar, J) U T