Md. Taslim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29421 of 2023 Arising Out of PS. Case No.-545 Year-2022 Thana- NAGAR District- Vaishali ====================================================== 1.

MD. TASLIM SON OF LATE RAMTULLA MIYA R/O VILLAGECHAKBHOJ, P.S.- SADAR HAJIPUR, DISTRICT- VAISHALI 2.

MD. ASRAF SON OF MD. TASLIM R/O VILLAGE- CHAKBHOJ, P.S.- SADAR HAJIPUR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 354, 379 and 504 of the IPC.

As per the prosecution case, the F.I.R. named accused persons including the petitioners armed variously attacked over the house of informant. Petitioner no.1 assaulted the informant and his wife. It is alleged that two motorcycle, generator were damaged by the accused and they took away cash Rs.50,000/- and gold and silver ornaments worth Rs.45,000/-. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.29421 of 2023(2) dt.13-07-2023 2/2 They have been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Parties are agnates and there is an admitted land dispute between them. Petitioners have two criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Town (Hajipur) P.S. Case No.545 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T