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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36429 of 2020 Arising Out of PS. Case No.-338 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== MD. TAHSIN @ TAHSIN ALAM Son of Mohibur Rahman Resident of Village - Purandaha Laxmipur, Ward No.01, P.S.- Simraha, Distt.- Araria, Bihar-854311 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2021 Heard both sides through video conferencing.

The petitioner apprehends his arrest in Forbesganj P.S. Case No.338 of 2020 registered under Sections 447, 341, 323, 324, 325, 307, 354, 427, 379, 504, 506 and 34 of the Indian Penal Code.

The informant named five persons in the F.I.R. and in sum and substance alleged that when he went to his land, he saw the accused persons digging his pond. The informant objected, on such, the accused persons assaulted him with fists and slaps. When his son Abu Nasar came, Mohibur Rahman assaulted him with farsa on his head and his son Abu Nasar got injury. Thereafter, Mazhar, Tasowar, Yusuf and other villagers came and saved the son of the informant.

The learned counsel for the petitioner submits that at the first instance all the accused persons including the petitioner is said to have assaulted the informant with fists and slaps. The informant got simple injury but Mohibur Rahman is said to have assaulted Abu Nasar, the son of the informant with farsa on his head. The injury found on Abu Nasar is grievous in nature.

Patna High Court CR. MISC. No.36429 of 2020(3) dt.24-06-2021 2/2 Petitioner is not the assailant of Abu Nasar. It is further submitted that land was purchased by the ancestor of the petitioner in the year 1971. Their names are mutated and they are paying rent.

It appears that there is a bonafide land dispute and petitioner is alleged to have assaulted the informant with fists and slaps. Mohibur Rahman is said to have assaulted Abu Nasar, the son of the informant with farsa on his head. The informant got simple injury.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No.338 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T