Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43252 of 2019 Arising Out of PS. Case No.-457 Year-2018 Thana- RANIGANJ District- Araria ====================================================== 1.

Md. Alam Son of Late Aasin Sah Resident of Village- Kharsahi, Jagta Tola, Palar, Ward No. 10, P.S.- Raniganj, District- Araria. 2.

Tarjan Son of Alam Sah Resident of Village- Kharsahi, Jagta Tola, Palar, Ward No. 10, P.S.- Raniganj, District- Araria. 3.

Md. Yaquoob Son of Late Gafoor Resident of Village- Kharsahi, Jagta Tola, Palar, Ward No. 10, P.S.- Raniganj, District- Araria. 4.

Md. Esuf Son of Late Gafoor Resident of Village- Kharsahi, Jagta Tola, Palar, Ward No. 10, P.S.- Raniganj, District- Araria. 5.

Md. Ishaque Son of Late Gafoor Resident of Village- Kharsahi, Jagta Tola, Palar, Ward No. 10, P.S.- Raniganj, District- Araria. 6.

Md. Jahangeer Son of Md. Esuf Resident of Village- Kharsahi, Jagta Tola, Palar, Ward No. 10, P.S.- Raniganj, District- Araria. 7.

Md. Samim Son of Yaquoob Sah Resident of Village- Kharsahi, Jagta Tola, Palar, Ward No. 10, P.S.- Raniganj, District- Araria. 8.

Nazma Khatoon Wife of Alam Sah Resident of Village- Kharsahi, Jagta Tola, Palar, Ward No. 10, P.S.- Raniganj, District- Araria. 9.

Bibi Fatma Wife of Md. Azim Sah Resident of Village- Kharsahi, Jagta Tola, Palar, Ward No. 10, P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Raniganj P.S. Case No. 457 of 2018 registered for the offence punishable under Sections 147, 148, 341, 323, 379, 307,

Patna High Court CR. MISC. No.43252 of 2019(3) dt.03-09-2019 2/3 354(B), 506, 504 of the Indian Penal Code.

Eleven named accused persons including the petitioners descended at the purchased land of the informant and started cutting ridge of his land, and on protest made by the informant, they assaulted the informant and his family members and also tore the attire of his wife.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have been falsely implicated in this case merely because petitioner no. 1 Md. Alam has lodged Raniganj P.S. Case No. 456 of 2018 against the informant and others preceding to the case under hand. Injury sustained by the informant and his family members is simple in nature while injury sustained by the person of the petitioners side is grievous. Allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent. On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.43252 of 2019(3) dt.03-09-2019 3/3 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 457 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T