Md. Javed Chand @ Javed Chand vs The State Of Bihar on 29 August, 2019

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Patna High Court - Orders

Md. Javed Chand @ Javed Chand vs The State Of Bihar on 29 August, 2019

Bench: Rajendra Kumar Mishra

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54339 of 2019
                 Arising Out of PS. Case No.-311 Year-2018 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
                 MD. JAVED CHAND @ JAVED CHAND Son of Late Mousem Pahalwan
                 Resident of Village-Mirzapur Bardah, P.S.-Muffasil, District-Munger.

                                                                                ... ... Petitioner/s
                                                      Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raj Kumar Choudhary
                 For the Opposite Party/s :      Mr.Md. Matloob Rab
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                                       ORAL ORDER

2   29-08-2019

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Muffasil P.S. Case No.311 of 2018/G.R. No.2622 of 2018 registered under Sections 147, 148, 149, 341, 323, 307, 324, 379, 504 and 506 of the Indian Penal Code.

The accusation is that on 26.08.2018 at about 02.45 P.M., the informant Md. Mohsin Raza was present in the Pandal on the occasion of the marriage of the daughter of his cousin to take the lunch. At that time, 14 persons, named in the F.I.R., including the petitioner along with 20-25 persons armed with rifle came there and pointed the rifle on the chest of the informant and started to abuse. When the informant made Patna High Court CR. MISC. No.54339 of 2019(2) dt.29-08-2019 2/3 protest, then all started to cause assault to the informant. In that course, Md. Perwez Chand caused injury on the head and chest of the informant, due to which he fell down. Thereafter, Md. Perwez Chand pointed the rifle on the chest of the informant and Md. Athar Chand snatched the gold chain of the informant. When the brother of the informant rushed to save the informant, then all caused assult to him through lathi and danda and this petitioner caused injury through Bhala on his stomach and he also sustained injury on his stomach and hand.

Learned counsel for the petitioner submits that due to land dispute, the hot exchange of words started in between the parties but with an ulterior motive, the informant has lodged the present case. Moreover, the injury as found on the person of the informant is simple in nature. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with Muffasil P.S. Case No.311 of Patna High Court CR. MISC. No.54339 of 2019(2) dt.29-08-2019 3/3 2018/G.R. No.2622 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./-

U        T

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Patna High Court - Orders