Sonu Mian @ Hazrat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3394 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== Sonu Mian @ Hazrat Ali aged about 28 years (Male) son of Late Kuddus Mian Resident of Village and P.S. Hussainganj, District- Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Hussainganj P.S. Case No. 128 of 2018 registered under Sections 341, 323, 307, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that informant happens to be the uncle of the present petitioner and he has brought the present case falsely implicating the petitioner because of a land dispute as the parties are contesting for partition of a landed property. It is submitted that from the narration of the allegation itself it will appear that no weapon has been attributed to this petitioner and the allegation that the petitioner had indulged in causing assault

Patna High Court Cr.Misc. No.3394 of 2019(2) dt.29-01-2019 2/3 upon the informant by fists and then lathi are all baseless. The injuries have been found to be simple in nature. Learned counsel submits that the alleged injury is a result of felling down of the informant which has been made a basis to alleged assault against the petitioner. Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail of the petitioner. In the given facts and circumstances of the case where the informant and the petitioner are said to be closely related and are having land dispute and in the F.I.R.

no specific weapon has been attributed to the petitioner in the initial paragraphs, in the event of his arrest/surrender before the court below within a period of four weeks, let the abovenamed petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Hussainganj P.S. Case No.

Patna High Court Cr.Misc. No.3394 of 2019(2) dt.29-01-2019 3/3 cancellation of bail. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T