Khurshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42785 of 2021 Arising Out of PS. Case No.-226 Year-2020 Thana- JANTA BAZAR District- Saran ====================================================== KHURSHID ALAM Son of Late Manshi Raza Resident of Village - Jalalpur, Police Station - Janta Bazar, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2022 Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioner and Ms. Suman Kumari Singh, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Janta Bazar PS Case No. 226/2020 registered for the offence punishable under Sections 447, 341, 323, 324, 307, 379, 504, 506/34 of the IPC. As per First Information Report, the petitioner, allegedly, assaulted the son of the informant by means of sword due to which he sustained grievous injury.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and both the parties are close relatives and co-sharers and there is land dispute between them. He next submits that a Partition Suit, between the parties, bearing No. 103/2020 is pending before Sub-Judge, Saran at Chapra and the present occurrence has taken place due to land dispute and there is case and counter case between the parties inasmuch as mother of the

Patna High Court CR. MISC. No.42785 of 2021(2) dt.03-02-2022 2/2 petitioner has lodged a counter case bearing Janta Bazar PS Case No. 227/2020 against the informant and another for the incident which has taken place on the same date and time.

Learned counsel next submits that there was a free fight between the parties and the petitioner is in custody since 02.06.2021. Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are close relatives, there is land dispute between them, there is case and counter case between them and petitioner is in custody since 02.06.2021 having no criminal antecedent, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, KHURSHID ALAM be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of Smt. Kiran Ojha, learned Judicial Magistrate, 1st Class, Chapra, Saran in connection with Janta Bazar PS Case No. 226/2020.

(Anil Kumar Sinha, J) perwez U T