Md. Emroj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27229 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== MD. EMROJ S/o- LATE MOSRAF Village- Thathabasa Ps- Beldaur DistKhagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29317 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== MD. USMAN @ MD. OSMAN son of Late Mosraf Village- Thathabasa PsBeldaur Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 27229 of 2023) For the Petitioner/s :
Mr.Bishweshwar Ram, Adv.
For the Opposite Party/s :
Mr.Nand Kumar, APP (In CRIMINAL MISCELLANEOUS No. 29317 of 2023) For the Petitioner/s :
Mr.Bishweshwar Ram, Adv.
For the Opposite Party/s :
Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 307, 504, 506, 379/34 of the IPC.
3. As per the prosecution case, the informant was flowing water from his hand pump in his own land, then all accused persons including the petitioners arrived there and assaulted the informant by means of lathi, danda, rod, bricks. They also
Patna High Court CR. MISC. No.27229 of 2023(3) dt.17-07-2023 2/2 assaulted the informant's son.
4. 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 due to ulterior motive. 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. The injuries were found simple in nature. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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 Beldaur P.S. Case No.163 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