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Patna High CourtCR. MISC./31555/2020bail rejected

Md. Javed v. The State Of Bihar

2021-01-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31555 of 2020 Arising Out of PS. Case No.-575 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

Md. Javed aged about 55 years S/o Late Md. Tahir Resident of VillageAbdulla Nagar Uttari Pokhara, P.S.-Sadar, District-Purnea. 2.

Md. Alam aged about 60 years S/o Late Md. Tahir Resident of VillageAbdulla Nagar Uttari Pokhara, P.S.-Sadar, District-Purnea. 3.

Md. Intiyajaged about 36 years S/o Late Md. Tahir Resident of VillageAbdulla Nagar Uttari Pokhara, P.S.-Sadar, District-Purnea. 4.

Md. Ahsan aged about 22 years S/o Md. Intiyaj Resident of Village-Abdulla Nagar Uttari Pokhara, P.S.-Sadar, District-Purnea. 5.

Md. Pappu aged about 25 years S/o Md. Alam Resident of Village-Abdulla Nagar Uttari Pokhara, P.S.-Sadar, District-Purnea. 6.

Md. Muzaffar aged about 32 years S/o Md. Shamshad Resident of VillageAbdulla Nagar Uttari Pokhara, P.S.-Sadar, District-Purnea. 7.

Md. Sarbar aged about 23 years S/o Md. Rafique Resident of VillageAbdulla Nagar Uttari Pokhara, P.S.-Sadar, District-Purnea. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Nadimul Hasan, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2021 Heard learned counsel for the petitioners and the State Petitioners apprehend arrest in a case registered for the offences punishable under Section 323 and other allied sections of the Indian Penal Code.

Prosecution's case in brief is that all the accused persons armed with weapons assaulted the informant party as a result of which three persons sustained injuries. Accused

Patna High Court CR. MISC. No.31555 of 2020(2) dt.27-01-2021 2/2 persons also set two houses of the informant on fire. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. There is case and counter case and marpit took place due to old land dispute. It is also submitted that there is no injury report on the record. Petitioners have got no criminal antecedent. Learned counsel for the State opposes the prayer for bail submitting that there is specific allegation against the petitioners that they assaulted the informant side causing injuries to three persons. They also set on fire two houses of the informant.

Considering the gravity of the allegation against the petitioners, their prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) Shashi U T