Md. Altaf @ Md. Altaph v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4334 of 2023 Arising Out of PS. Case No.-281 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== 1.

MD. ALTAF @ MD. ALTAPH Son of Md. Aale Husain R/V- Badarbanna P.S- Bahera, Dist- Darbhanga 2.

Md. Dilabar Ali @ Md. Musna Son of Md. Khushid R/V- Badarbanna P.SBahera, Dist- Darbhanga 3.

Md. Sashad @ Samsahd Son of Md. Mahebul @ Md. Mohibul R/VBadarbanna P.S- Bahera, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 308, 448, 427, 504 of the Indian Penal Code.

Allegedly, petitioners, along with other accused persons, armed with various weapons came at the house of the informant and assaulted the informant side. They also abused them. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics.

Patna High Court CR. MISC. No.4334 of 2023(2) dt.10-02-2023 2/2 The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The injuries sustained by the victims are simple in nature. Petitioner nos. 1 & 2 have one criminal antecedent whereas petitioner no.3 has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is land dispute between the parties and the injuries are simple in nature, 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 six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bahera P.S. Case No.281 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T