Md. Taj @ Md Tajuddin @ Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22267 of 2020 Arising Out of PS. Case No.-192 Year-2019 Thana- ISHAKCHAK District- Bhagalpur ====================================================== MD. TAJ @ MD TAJUDDIN @ BHANDARI Son of Late Md. Soni @ Md. Shahab Akhtar Resident of At- Barahpura, P.S.- Ishakchak, Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-10-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Ishakchak P.S. Case No. 192 of 2019, disclosing offences punishable under Sections 147, 148, 341, 342, 323, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is the prosecution's case that the residents of Brahpura were pilling cow dung over a piece of land belonging to the informant's sister, which was objected to by her and the informant. Allegedly, in retaliation, the petitioner and another co-accused persons started abusing and assaulting them. The petitioner is said to have snatched golden chain from the informant's sister. It is

Patna High Court CR. MISC. No.22267 of 2020(2) dt.21-10-2020 2/3 further alleged that co-accused Md. Chhotu assaulted the informant's brother with the butt of the pistol. It is also alleged that after the informant had gone to the police station to inform the police about the occurrence and on his way back, he was surrounded by 6-7 persons armed with weapon and one of them opened fire. He somehow or the other managed enter into his own house, whereafter the accused persons entered into his campus.

Be that as it may, considering the nature of accusation and the submission made on behalf of the petitioner with reference to the statement made in paragraph 12 of the application that there is land dispute and the informant's side is attempting to capture a piece of land belonging to one Md. Furkan, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in Ishakchak P.S. Case No. 192 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court CR. MISC. No.22267 of 2020(2) dt.21-10-2020 3/3 petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his his bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U