Anamul Haque @ Enamul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6550 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- AMDABAD District- Katihar ====================================================== 1.

ANAMUL HAQUE @ ENAMUL HAQUE SON OF ABDUL MANNAN R/O VILL.- DAKRA ENGLISH (BARA LAKHANPUR), P.S.- AMDABAD, DISTT.- KATIHAR 2.

KADIR SON OF SOHRAB @ SOHRAB ALI R/O VILL.- BARA LAKHANPUR, P.S.- AMDABAD, DISTT.- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr.Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 120 (B)/34 of the Indian Penal Code.

Allegedly, petitioners along with other accused persons, are said to have assaulted the informant's father-in-law by means of Bhala, as a result of which he died. It is submitted by learned senior counsel for the petitioners that petitioners are innocent and have committed no offence. Both the parties are agnates. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty politics and land dispute.

Patna High Court CR. MISC. No.6550 of 2023(3) dt.16-05-2023 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. There is no eye-witness in the present case. Petitioners have been made accused on the basis of suspicion. Petitioners have 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 admitted land dispute between the parties due to which petitioners have been made accused in the present case, 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 Amdabad P.S. Case No. 153 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