Md Jafir @ Md Jafir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 43399 of 2021 Arising Out of PS. Case No.-415 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Md Jafir @ Md Jafir Alam, aged about 54 years, Gender-Male, Son of Late Abdul Majid.

2.

Abdul Majid, aged about 33 years, Gender-Male, Son of Abdul Khalique. Both residents of Village- Bangaon Darbkhana, P.S.- Bajpatti, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-04-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State through video conferencing.

The petitioners apprehend their arrest in connection with Bajpatti P.S. Case No. 415 of 2020 registered for offence punishable under Sections 341, 323, 325, 307, 379, 504/34 of the Indian Penal Code.

As per the allegation, four accused persons including the petitioners were ploughing the field belong to the brother-in-

Patna High Court CR. MISC. No.43399 of 2021(2) dt.08-04-2022 2/3 law of the informant. On protest, they badly assaulted the informant, due to which he sustained fracture injury on his hand. Learned counsel for the petitioners has submitted that admittedly there is land dispute between both the parties. There is also case and counter case and the case lodged by the petitioners' side is prior to the present case. He has also submitted that petitioner no. 2 has sustained injuries, which has been opined by the doctor that it may cause danger to life, whereas no injury was sustained by the informant as the doctor mentioned only about plaster on right hand. He has submitted further that the petitioners are the persons of clean antecedent.

Considering the facts and circumstances especially the clean antecedent of the petitioners, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Bajpatti P.S. Case No. 415 of 2020, subject to condition as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove,

Patna High Court CR. MISC. No.43399 of 2021(2) dt.08-04-2022 3/3 failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Anand Kr.

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