Md. Mir Naim Ali @ Md. Naim Ali @ Mir Nayeem Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42202 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

Md. Mir Naim Ali @ Md. Naim Ali @ Mir Nayeem Ali Son Of Late Mir Wajid Ali Resident Of Mohalla - Purab Tola, Pandey Gali, Ward No.- 15, P.S.- Kahalgaon, Dist.- Bhagalpur.

2.

Md. Sahzad Ali @ Md. Sazzad Ali @ Shahrukh Son Of Md. Mir Naim Ali @ Md. Naim Ali @ Mir Nayeem Ali Resident Of Mohalla - Purab Tola, Pandey Gali, Ward No.- 15, P.S.- Kahalgaon, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kahalgaon P.S. Case no. 19 of 2022 instituted for the offence under Sections 448, 341, 323, 504, 506, 354, 34 of the Indian Penal Code.

It is a case of abusing and assaulting to the informant and his mother by means of lathi-danda due to which they sustained injuries.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. It is further

Patna High Court CR. MISC. No.42202 of 2022(2) dt.08-12-2022 2/2 submitted vide para 9 of the petition that a land dispute is going on between the parties parties for which a title suit is pending between them and due to which they have falsely been made accused in this case. General and omnibus allegations leveled against the petitioners by the informant.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kahalgaon P.S. Case no. 19 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T