Allauddin Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34253 of 2021 Arising Out of PS. Case No.-346 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== ALLAUDDIN MIAN Son of Noor Ali Resident of Village - Semari Bhawanipur, Police Station - Yogapatti (Nawalpur O.P.), District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Mr. Sanjay Kumar No 7, Advocates.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-01-2022 Heard Mr. Anant Kumar Mishra, learned counsel for the petitioner and Mr. Rajiv Nayan, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Yogapatti (Nawalpur O.P) PS Case No. 346/2020 registered for the offence punishable under Sections 147, 341, 323, 324, 447, 325, 307, 354(B) & 504 of the IPC.

Altogether 14 persons are named in the FIR and they allegedly, assaulted the informant, his relative and other persons from the side of the informant. It is further alleged that petitioner has, allegedly, ordered the co-accused, Godam Ansari to assault brother of the informant upon which, co-accused, Maqood and Saddam assaulted him by means of iron rod.

Patna High Court CR. MISC. No.34253 of 2021(2) dt.03-01-2022 2/3 Learned counsel for the petitioner submits that both the parties are co-villagers and there is previous land dispute between them. He further submits that there is case and counter case inasmuch as Yogapatti PS Case No. 342/2020 has been lodged by the side of the petitioner against the informant and others. He further submits that no overt-act has been alleged against the petitioner, he at best, is an order giver and no offence under Section 354(B) has been attributed against the petitioner. Learned counsel next submits that the petitioner is in custody since 13.12.2020 having no criminal antecedents. Charge-sheet has already been submitted.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are co-villagers having previous enmity, there is case and counter case between them and petitioner is in custody since 13.12.2020 having no criminal antecedent and charge-sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, ALLAUDDIN MIAN be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah,

Patna High Court CR. MISC. No.34253 of 2021(2) dt.03-01-2022 3/3 West Champaran in connection with Yogapatti (Nawalpur O.P) PS Case No. 346/2020.

(Anil Kumar Sinha, J) perwez U T