Md. Mumtaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13546 of 2022 Arising Out of PS. Case No.-511 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== 1.

MD. MUMTAJ Son of late Hanif Resident of Village - Narhartand, Ibrahimpur, P.s.- Mohanpur, Distt.- Gaya.

2.

Md. Mukhar @ Md. Mokhtar Son of Late Hanif Resident of Village - Narhartand, Ibrahimpur, P.s.- Mohanpur, Distt.- Gaya. 3.

Md. Ibrar Son of Late Hanif Resident of Village - Narhartand, Ibrahimpur, P.s.- Mohanpur, Distt.- Gaya.

4.

Md. Naushad Son of Md. Mukhtar Resident of Village - Narhartand, Ibrahimpur, P.s.- Mohanpur, Distt.- Gaya.

5.

Md. Sarfaraj @ Md. Sarfaraj Alam Son of Md. Mukhtar Resident of Village - Narhartand, Ibrahimpur, P.s.- Mohanpur, Distt.- Gaya. 6.

Md. Abid Son of Md. Mumtaj Resident of Village - Narhartand, Ibrahimpur, P.s.- Mohanpur, Distt.- Gaya.

7.

Md. Murtaza Son of Late Mostafa Resident of Village - Narhartand, Ibrahimpur, P.s.- Mohanpur, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Javed Jafar Khan For the Opposite Party/s :

Ms. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Barachatti (Mohanpur) P.S. Case No.511 of 2020, registered for the offences punishable under Sections 341, 323, 448, 307, 354, 379, 427, 504 and 34 of the Indian Penal Code. The petitioners are said to have assaulted the informant, his wife and his younger brother. The accused

Patna High Court CR. MISC. No.13546 of 2022(2) dt.04-08-2022 2/3 persons snatched chain made of silver and wrist watch from the wife of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners and informant are own step brothers and nephew of the informant and there are partition dispute between them. It is submitted that after investigation, the police submitted charge sheet against the petitioners under Sections 147, 149, 341, 323, 448, 354, 504 and 506 of the Indian Penal Code against the petitioners. The dispute between the parties is civil in nature. It is lastly submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts and circumstances of the case, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, District Gaya in

Patna High Court CR. MISC. No.13546 of 2022(2) dt.04-08-2022 3/3 connection with Barachatti (Mohanpur) P.S. Case No.511 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T