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Patna High CourtCR. MISC./20415/2022dismissed

Zuber @ Zuber Alam @ Md. Zuber Alam v. The State Of Bihar

2022-11-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20415 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- POTHIYA District- Kishanganj ====================================================== 1.

ZUBER @ ZUBER ALAM @ MD. ZUBER ALAM Son of Md. Jainul Resident of Village - Bholagachh, Ward no.04, P.S.- Pothia, Distt.- Kishanganj.

2.

Mujeebul @ Md. Mujibul Son of Maniruddin Resident of Village - Bholagachh, Ward no.04, P.S.- Pothia, Distt.- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-11-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 324, 307, 504, 506, 379, 34 of IPC.

Allegedly, the petitioners alongwith other accused persons assaulted the informant by means of various weapons. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.20415 of 2022(3) dt.01-11-2022 2/2 allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that from the perusal of the impugned order there is a specific allegation against the petitioners to assault the informant on his head by means of various weapons.

Having regard to the facts and circumstances of the case, since there is specific allegation against the petitioners, I am not inclined to enlarge them on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T