Md. Shamshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14126 of 2024 Arising Out of PS. Case No.-51 Year-2023 Thana- PIRI BAZAR District- Lakhisarai ====================================================== 1.

Md. Shamshad, Son of Md. Latif Sah, R/o Village- Ghorhat, P.S -Piri Bazar, District Lakhisarai 2.

Md. Shahid, Son of Md. Latif Sah, R/o Village Ghorhat, P.S Piri Bazar, District Lakhisarai 3.

Md. Latif Sah @ Latif Sah, Son of Late Ishmail Sah, R/o Village- Ghorhat, P.S- Piri Bazar District Lakhisarai 4.

Shakeela Bano, W/o Md. Latif Sah, R/o Village-Ghorhat, P.S Piri Bazar, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Piri Bazar P.S. Case No. 51 of 2023, registered for the alleged offences under Sections 341, 323, 324, 354(B), 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the informant and his family members were assaulted by the petitioners with khanti, lathi and danda when the informant was putting pillars on his land.

Patna High Court CR. MISC. No.14126 of 2024(2) dt.12-03-2024 2/3

4. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. There is counter version by the petitioner no.3 Md. Latif Sah vide Piri Bazar P.S. Case No.52 of 2023 registered under Sections 341, 323, 324, 379, 504, 506/34 I.P.C. and the informant's side is the assailant. The injury reports of the informant and other persons of this case show non-serious injuries. The petitioner no.1 is having criminal antecedent of one case in which he is on bail and other petitioners are having clean antecedents.

5. Learned APP vehemently opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-serious nature of injuries and further considering the case and counter case between the parties and also considering the possibility of false accusation, let the petitioners, above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II,

Patna High Court CR. MISC. No.14126 of 2024(2) dt.12-03-2024 3/3 Lakhisarai, in connection with Piri Bazar P.S. Case No. 51 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T