Md. Anish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14098 of 2019 Arising Out of PS. Case No.-864 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Md. Anish Son of Late Rafique, Resident of Village - Mirzapur, Ward No. 8, P.S.- Simraha (Forbesganj), District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-03-2019 Heard both sides.

The petitioner apprehends his arrest in Forbesganj P.S. Case No.864 of 2018 registered under Section 307 and other minor sections of the Indian Penal Code.

The informant alleged that the accused persons were ploughing his land and when he went to protest, Md. Shamshad having armed with iron rod came and assaulted Md. Ekhlaque (uncle of the informant) on his head causing bleeding injury. Hasan Raza having armed with Dabiya in his hand came and assaulted his another uncle Md. Razzaque on his hand causing injury on his fingers. Md. Kalam having armed with farsa came and assaulted his uncle. In the meantime Md. Sadab, Md. Anish (petitioner), Chhotu and Md. Galib came and abused the informant and others and also threatened to kill.

Patna High Court CR. MISC. No.14098 of 2019(2) dt.07-03-2019 2/2 Learned counsel for the petitioner submits that there is counter version being Forbesganj P.S. Case No.869 of 2018. There is no allegation of assault against the petitioner but from perusal of F.I.R. it appears that it is a bonafide land dispute. Of course, petitioner is named in the F.I.R. but the informant did not make any allegation of assault against the petitioner. The petitioner is only alleged to have abused and threatened the informant and others.

Having considered the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Forbesganj P.S. Case No.864 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T