Alauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9200 of 2022 Arising Out of PS. Case No.-63 Year-2021 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

ALAUDDIN Son of Farizuddin Resident of Village - Milatnagar, Futaniganj, P.s.- Kodhobari, Distt.- Kishanganj. 2.

Muzaffar @ Muzaffar Husain Son of Zarjis Resident of Village - Singhimari, Lohakarchi, P.s.- Kodhobari, Distt.- Kishanganj. 3.

Shadique @ Sadique Son of Zarjis Resident of Village - Singhimari, Lohakarchi, P.s.- Kodhobari, Distt.- Kishanganj. 4.

Kawatulla Son of Zarjis Resident of Village - Singhimari, Lohakarchi, P.s.- Kodhobari, Distt.- Kishanganj.

5.

Tanveer Alam Son of Late Sazzad Ali Resident of Village - Khatlipara, P.s.- Dighalbank, Distt.- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Dighalbank P.S. Case no. 63 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 323, 325, 307, 504, 506, 451, 452, 380 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons over a dispute of providing passage from the land of the petitioner.

Patna High Court CR. MISC. No.9200 of 2022(2) dt.10-08-2022 2/2 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. They have got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Dighalbank P.S. Case no. 63 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U