Md Maroof @ Md Marooque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20640 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== 1.

Md Maroof @ Md Marooque Son Of Sheikh Jane Alam Resident Of Village- Kalwari Majhariya, Ps- Adapur, Distt- East Champaran 2.

Naushad Alam @ Naushad Son Of Sheikh Jane Alam Resident Of VillageKalwari Majhariya, Ps- Adapur, Distt- East Champaran 3.

Ashraf Ali Son Of Sheikh Jane Alam Resident Of Village- Kalwari Majhariya, Ps- Adapur, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Bhanu Pratap Singh Mr.Shivendra Prasad Mr.Ratnesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

25-07-2023 Heard learned counsel for the petitioners, State and informant.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 324, 307, 354, 504/34 of the Indian Penal Code.

3. It is alleged that on account of land dispute between the parties, the accused persons including these petitioners came and assaulted the informant and his family members, due to which, they sustained injuries.

4. It is submitted on behalf of petitioners that due to

Patna High Court CR. MISC. No.20640 of 2023(3) dt.25-07-2023 2/3 admitted land dispute between the parties, earlier, the informant's side assaulted the family members of petitioners, for which, petitioner no. 1 lodged a case, vide Adapur P.S. Case No. 217 of 2022, and the present case is counter blast of the said case only to put pressure on petitioners' side. Petitioners and informant are next door neighbours. Doctor has found simple injury. Petitioners have got clean antecedent.

5. However, learned counsel for the informant vehemently opposes the bail petition and submits that petitioners have managed the police and tried to make the case of simple injury, whereas, the informant has received grievous injury.

6. Considering the nature of accusation and the backdrop, in which, alleged occurrence took place between the parties coupled with the fact that petitioners have got clean antecedent, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, East Champaran at Motihari in connection with Adapur P.S. Case No. 221 of 2022, subject to condition as laid down under Section 438(2) of the

Patna High Court CR. MISC. No.20640 of 2023(3) dt.25-07-2023 3/3 Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T