Khurshid Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32667 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

KHURSHID AHMAD Son of Late Md. Sahid Resident of Village - Semrahiya, P.S.- Chhauradano, District - East Champaran 2.

Mokhtar Ahmad Son of Late Md. Sahid Resident of Village - Semrahiya, P.S.- Chhauradano, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar , Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 324, 354(B), 307, 504, 506, 34, 456 of the Indian Penal Code.

3. It is alleged that all the F.I.R named accused persons including these petitioners and two unknown persons entered the house of informant and tried to outrage the modesty of the informant. It is further alleged that co-accused Tajuddin and Khurshid Alam gave knife blow to the informant in which she sustained injury.

4. It is submitted that both the parties are pattidars

Patna High Court CR. MISC. No.32667 of 2023(2) dt.24-07-2023 2/2 and due to pending land dispute between them, these petitioners have falsely been implicated in this false and concocted case. There is two days delay in lodging the F.I.R for which there is no plausible explanation which itself creates doubt over the veracity of the prosecution case. Specific accusation of assault is against other co-accused. Both the petitioners are government teachers. Rest of the allegation are ornamental in nature.

5. Learned counsel for the petitioners oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged 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 Judicial Magistrate Raxaul, East Champaran at Motihari in connection with Chhauradano P.S. Case No 12 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T