Mohammad Ajij @ Md. Ajij v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24825 of 2020 Arising Out of PS. Case No.-260 Year-2018 Thana- ROSERA District- Samastipur ====================================================== MOHAMMAD AJIJ @ MD. AJIJ Son of Dali Mohammad Resident of Village - Kaji Dumra, P.S. - Rosera, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Adv For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Rosera P.S. Case no. 260 of 2018, registered under sections 307, 147, 148, 149, 341, 323, 324, and 504 of the Indian Penal Code.

As per allegation in the FIR, the accused persons including the petitioner herein are stated to have come variously armed and assaulted the informant and others as a result of land dispute.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The true manner of the occurrence has been narrated in the complaint, which has been brought on record as Annexure-2 to the petition. Further the injury reports of the

Patna High Court CR. MISC. No.24825 of 2020(3) dt.05-02-2021 2/2 mother and brother of the petitioner have been brought on record as Annexure-3 series. The so called injuries on the body of the informant have been found to be simple in nature and in any case the allegation against the petitioner is of having assaulted on non-vital part on the body. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Rosera P.S. Case no. 260 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Rosera subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U