Badruddoza @ Badrudoza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27274 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- AMDABAD District- Katihar ====================================================== 1.

BADRUDDOZA @ BADRUDOZA S/o Md. Yunus, Resident of Maltipur, P.S.- Amdabad, Dist.- Katihar.

2.

Md. Wazir, S/o Md. Yunus, Resident of Maltipur, P.S.- Amdabad, Dist.- Katihar.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Gajendra Kumar Jha, Advocate Mr. Sushil Kumar Jha, Advocate Mr. Bam Bahadur Jha, Advocate For the Opposite Party State:

Mr. Ajay Kumar-I, APP For the Informant :

Mr. Najeeb Ahmad, Advocate Mr. Thakur Brajesh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Amdabad P.S. Case No. 36 of 2019 for the offence punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

It is alleged in the First Information Report that the informant and his family members were objecting to the persons named in the First Information Report from using their land for navigating a tractor. The occurrence is said to have taken place because of the said dispute. There is counter case also lodged by father of the petitioners. There is allegation of assault made by the petitioners with kudal (spade) and iron rod.

Patna High Court CR. MISC. No.27274 of 2019(2) dt.25-04-2019 2/2 However, considering the genesis of occurrence, I am inclined to grant the petitioners privilege of anticipatory bail despite strong opposition made by learned counsel appearing on behalf of the informant to the said prayer.

This application is accordingly allowed.

Let the petitioners above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar, in Amdabad P.S. Case No. 36 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 petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T