Md. Ishrafil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33035 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

MD. ISHRAFIL Son of Late Warsali Resident of Village - Banbhag West, P.s.- K. Nagar, Distt.- Purnea.

2.

Md. Irshad Son of Md. Ishrafil Resident of Village - Banbhag West, P.s.- K. Nagar, Distt.- Purnea.

3.

Md. Saddam Son of Md. Ishrafil Resident of Village - Banbhag West, P.s.- K. Nagar, Distt.- Purnea.

4.

Md. Najim Son of Md. Ishrafil Resident of Village - Banbhag West, P.s.- K. Nagar, Distt.- Purnea.

5.

Md. Ahsan @ Asan Son of Md. Ishrafil Resident of Village - Banbhag West, P.s.- K. Nagar, Distt.- Purnea.

6.

Md. Insar Son of Md. Ishrafil Resident of Village - Banbhag West, P.s.- K. Nagar, Distt.- Purnea.

7.

Md. Raish Son of Md. Ishrafil Resident of Village - Banbhag West, P.s.- K. Nagar, Distt.- Purnea.

8.

Kari Khatoon @ Kari W/o Md. Ishrafil Resident of Village - Banbhag West, P.s.- K. Nagar, Distt.- Purnea.

... ... Petitioners.

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the

Patna High Court CR. MISC. No.33035 of 2022(2) dt.15-09-2022 2/3 Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 448, 307, 379, 504 & 506/34 of the Indian Penal Code.

All the F.I.R. named accused persons including these petitioners in furtherance of their common intention armed with deadly weapons are said to have assaulted the informant and his family members with intention to kill them due to which they sustained injuries on vital part also. They also looted away cash from the shop of the informant.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. Both sides have sustained grievous injury. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the

Patna High Court CR. MISC. No.33035 of 2022(2) dt.15-09-2022 3/3 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 lower Court where the case is pending/successor Court in connection with K. Nagar P.S. Case No.159 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T