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Patna High CourtCR. MISC./26179/2021dismissed

Md. Majid Imam @ Md. Majid v. The State Of Bihar

2022-03-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26179 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- NALANDA District- Nalanda ====================================================== 1.

MD. MAJID IMAM @ MD. MAJID S/o Ali Imam R/O Village - Sabbait, P.S. and District - Nalanda.

2.

Md. Khurram S/O Imaran Malik @ Imni R/O Village - Sabbait, P.S. and District - Nalanda.

3.

Md. Kaisar Wahab @ Syed Kaisar @ Md. Quisar Wahab @ Syed Quisar S/O Md. Seraj Husain R/O Village - Sabbait, P.S. and District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Narain, Sr. Adv.

Mr.Raj Kishor Prasad, Adv.

Ms.Anju Kumari @ Anju Narain, Adv.

Mr.Anant Kumar Sinha, Adv.

Mr.Umesh Kumar Roy, Adv.

Mr.Pratik Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2022 Heard the parties.

The petitioners apprehend their arrest in connection with Nalanda P.S. Case No.147 of 2020, registered for the offence punishable u/s 341, 323, 504, 506, 354/34 of IPC. The allegation as per the FIR is that the accused persons including the petitioners have assaulted the informant and her husband. They also threatened of dire consequences, in the event of lodging of a case.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.26179 of 2021(6) dt.07-03-2022 2/2 petitioners are innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. There is case and counter-case between the parties on account of an admitted land dispute, which led to the alleged occurrence, in which both sides have sustained injuries. Both parties are agnates. There is general and omnibus allegation against the petitioners. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail by submitting that one of the injury sustained by the informant is grievous in nature.

Considering the facts and circumstances of the case, since one of the injury is grievous in nature, I am not inclined to enlarge the petitioners named above on anticipatory bail. The prayer for bail is rejected.

The instant application stands dismissed.

However, petitioners are directed to surrender before the learned Court below within six weeks from today and seek regular bail. The learned Court below would pass the order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T