Md. Vakil @ Vakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19358 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== 1.

MD. VAKIL @ VAKIL S/O LATE MAKSUD @ LATE MAKSUD MANSURI Resident of village- Jhakhargarh, Ward No.- 04, P.S.- Chhatapur, District- Supaul.

2.

MD. RAISH @ MD. RAIS MANSURI S/O MD. ISHAK MANSURI Resident of village- Jhakhargarh, Ward No.- 04, P.S.- Chhatapur, DistrictSupaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 447, 448, 323, 324, 307, 354B, 379, 504 & 506 of the Indian Penal Code.

All the F.I.R. named persons including these petitioners are said to have indiscriminately assaulted the informant.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. It is

Patna High Court CR. MISC. No.19358 of 2023(3) dt.26-06-2023 2/2 further submitted that petitioners were only the members of the mob. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. There is inordinate and abnormal delay of four days in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay. Similarly situated coaccused, namely, Md. Mobin has been enlarged on bail by this court vide order dated 09.02.2023 passed in Cr. Misc. No. 1877 of 2023. Both the petitioners have two criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chhatapur P.S. Case No.85 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T