Patna High Court - Orders
Nayeem @ Md. Nayeemuddin @ Md. Nayeem vs The State Of Bihar on 7 May, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29263 of 2019
Arising Out of PS. Case No.-4 Year-2019 Thana- JOKIHAT District- Araria
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1. Nayeem @ Md. Nayeemuddin @ Md. Nayeem Son of Kalim Resident of
Village - Balua, P.S.- Mahalgaon, Distt - Araria.
2. Shahnawaz Son of Kalim Resident of Village - Balua, P.S.- Mahalgaon, Distt
- Araria.
3. Shama @ Sameerudin Son of Haroon Resident of Village - Chakai, P.S.-
Jokihat, Distt - Araria.
... ... Petitioners.
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Md. Ziaul Quamar
For the Opposite Party/s : Mr. Lalan Kumar
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
2 07-05-2019Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 147, 148, 149, 341, 323, 324, 307, 504 & 506 of the Indian Penal Code.
Over row of fixing the peg on the passage all the named accused persons including the petitioners assaulted the wife of the informant, Sahnawaz assaulted on the head of Rayees by means of farsa, Nayeem assulted on the head of Horesha with bhala, Shama assaulted on the head of Sarwar by means of lathi.
Patna High Court CR. MISC. No.29263 of 2019(2) dt.07-05-2019 2/2 Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case. There is a case and counter case between the parties. Victim had sustained simple injury. Several persons of the petitioners' side also sustained injury in the assault. There is a land dispute between the parties. Petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No.04 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) Trivedi/-
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