Md. Isamul @ Izamul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22705 of 2024 Arising Out of PS. Case No.-57 Year-2023 Thana- BHEJA District- Madhubani ====================================================== 1.
Md. Isamul @ Izamul Son Of Late Akalu Resident Of Village- Mahpatiya, Ps- Bheja, Distt- Madhubani 2.
Md. Sakim @ Akim Son Of Late Akalu Resident Of Village- Mahpatiya, PsBheja, Distt- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate Mr. Gagan Deo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2024 Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners apprehend their arrest in connection with Bheja P.S. Case No. 57 of 2023 registered under Sections 341, 323, 324, 307, 379, 354, 504, 506 and 34 of the Indian Penal Code.
3. The prosecution story, in brief, is that on 15.06.2023 at 8:00 A.M., the FIR named accused persons including these petitioners were demolishing the wall of the house of informant. On protest by informant, all the accused persons assaulted the informant and others, on account of which, they sustained injuries.
Patna High Court CR. MISC. No.22705 of 2024(3) dt.21-06-2024 2/2
4. Learned counsel appearing on behalf of the petitioners submits that due to land dispute a simple scuffle took place between the parties. It is further submitted that though the specific allegation of assault on the head of the informant by means of farsa is against this petitioner but the doctor has found the injuries simple in nature. Learned counsel further submits that similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 06.05.2024 passed in Cr. Misc. No. 17919 of 2024. Petitioner claims clean antecedent.
5. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -II, Jhanjharpur, Madhubani in connection with Bheja P.S. Case No. 57 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T