Md. Ajad @ Md. Ezaz @ Md. Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5678 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.

MD. AJAD @ MD. EZAZ @ MD. ALI SON OF MD. ANWARUL, R/O VILL.- ALAFGANJ BISHANPUR, P.S.- LNMU, DISTT.- DARBHANGA. 2.

MD. TAIYAB SON OF LATE. HARUN SHAIKH @ MD. HARUN, R/O VILL.- ALAFGANJ BISHANPUR, P.S.- LNMU, DISTT.- DARBHANGA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2023 It appears from the record that due to mistake, order no. 3 dated 04.05.2023 has been typed in place of order no. 2. Accordingly, order no. 3 dated 04.05.2023 shall be read as order no. 2.

The learned counsel for the petitioners is directed to remove the defect(s), if any, pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners are seeking regular bail in connection with L.N.M.U. P.S. Case No. 163 of 2022, registered for offence punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.5678 of 2023(3) dt.10-05-2023 2/3 At the very outset, the learned counsel for the petitioners has submitted that there is case and counter case, there is long-drawn land dispute between the parties, the injuries are simple in nature and on similar footing, co-accused Md. Akbar has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 10010 of 2023.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Darbhanga in connection with L.N.M.U. P.S. Case No. 163 of 2022, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the

Patna High Court CR. MISC. No.5678 of 2023(3) dt.10-05-2023 3/3 petitioners and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T