Mohammad Gaush @ Bayesh @ Bayes v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20436 of 2021 Arising Out of PS. Case No.-956 Year-2020 Thana- MADHAURAH District- Saran ====================================================== 1.

MOHAMMAD GAUSH @ BAYESH @ BAYES 2.

MOHAMMAD SUNAISH @ MOHAMMAD SUNAIS 3.

MOHAMMAD QURAISH @ MOHAMMAD KURAISH 4.

MOHAMMAD MUJAISH @ MOHAMMAD MUJAIS All SON OF MD. YUNUS RESIDENT OF VILLAGE - JALALPUR PS - MADHAURA DISTRICT - SARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Advocate For the Informant :

Mr. Shyam Kishore, Advocate For the State :

Ms. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2022 Heard learned counsel for the petitioners, the informant and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent. The informant alleges that Md. Yunush abused and instigated other accused persons to kill the informant whereupon the accused persons armed with spear, rod and sword assaulted the informant and others.

Learned counsel for the petitioners submits that admittedly there is land dispute between the parties and the allegation

Patna High Court CR. MISC. No.20436 of 2021(3) dt.21-06-2022 2/2 against the petitioners is general and omnibus in nature as no specific overt act of assault has been alleged against any of the accused persons.

Learned counsel for the informant and learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioners. Learned counsel submits that Md. Yunush and Md. Nuraish have been granted regular bail by a coordinate Bench of this Court vide order dated 13.07.2021 passed in Cr. Misc. No. 20340 of 2021. Learned counsel for the petitioners based on the submission made by the learned counsel for the informant seeks permission to withdraw the present anticipatory bail application with liberty to move before the learned court below for seeking regular bail based on the order dated 13.07.2021 passed in Cr. Misc. No. 20340 of 2021.

Permission is accorded.

Accordingly, the present anticipatory bail application is dismissed as withdrawn in connection with Madhaurah P.S. Case No. 956 of 2020 pending in the court of learned Chief Judicial Magistrate, Saran at Chapra/successor Court.

(Satyavrat Verma, J) Kundan/- U T