Md. Mansoor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18964 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== 1.
MD. MANSOOR son of Md Liyakat R/O Village- Andhari, P.S- Benipatti, Dist- Madhubani 2.
Md. Firoz son of Md. Liyakat R/O Village- Andhari, P.S- Benipatti, DistMadhubani 3.
Md. Jamshed son of Md. Liyakat R/O Village- Andhari, P.S- Benipatti, DistMadhubani 4.
Md. Rahmat son of Md. Liyakat R/O Village- Andhari, P.S- Benipatti, DistMadhubani 5.
Md. Liyakat son of Late Latif R/O Village- Andhari, P.S- Benipatti, DistMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Adv Mr. Gagandeo Yadav, Adv Mr. V.K. Yadav, Adv For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 324, 325, 307, 379, 504/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.18964 of 2021(6) dt.28-06-2022 2/3 The allegation against the petitioners is that they along with other accused persons have indiscriminately assaulted the informant's side by means of various weapons. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties and both sides have sustained injuries. The injuries are simple in nature. There is an admitted land dispute between the parties. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is a case and counter-case between the parties and both sides have sustained injuries, 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
Patna High Court CR. MISC. No.18964 of 2021(6) dt.28-06-2022 3/3 like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Banipatti P.S. Case No. 154 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/-shikha/- U T