Md. Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25471 of 2023 Arising Out of PS. Case No.-572 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== 1.
Md. Akhtar Son Of Md. Sakim Resident Of Village - Traufir, Panchayat - Farhi, Ward No. 09, P.S. - Narpatganj, Distt. - Araria, Bihar 2.
Md. Asgar Son Of Md. Sakim Resident Of Village - Traufir, Panchayat - Farhi, Ward No. 09, P.S. - Narpatganj, Distt. - Araria, Bihar 3.
Md. Sakim Son Of Late Md. Fatkan Resident Of Village - Traufir, Panchayat - Farhi, Ward No. 09, P.S. - Narpatganj, Distt. - Araria, Bihar ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishant Kumar Sinha For the Opposite Party/s :
Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 By the order dated 12.05.2023, this anticipatory bail application with regard to petitioner no.3 was dismissed as withdrawn.
So, today this application is being heard with regard to petitioner nos.1 & 2 only.
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 385, 379, 504 and 506/34 of the Indian Penal Code pending in the learned court below.
As per the prosecution case, there is allegation against the petitioners that they have assaulted the informant and his family members.
Patna High Court CR. MISC. No.25471 of 2023(3) dt.12-07-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is land dispute between the parties. He submits that there is case and counter case between the parties and. He further submits that one injury was found grievous in nature and rest of the injuries were found simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is land dispute between the parties, let the petitioner nos.
1 & 2, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Narpatganj P.S. Case No.572/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T