Tajuddin @ Kale v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42580 of 2022 Arising Out of PS. Case No.-250 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== 1.

TAJUDDIN @ KALE S/o Md. Obaid R/o village- Basatpur, P.S.- Dumra, District- Sitamarhi.

2.

Samsuddin @ Fulbabu S/o Md. Obaid R/o village- Basatpur, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Ms. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Learned counsel for the petitioners is directed to make correction in paragraph-3 of the bail petition in course of the day.

Heard both sides.

Petitioners apprehend their arrest in connection with Dumra P.S. Case No.250 of 2020, registered for the offences punishable under Sections 302, 376, 511 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that on 13.08.2020 at 10.35 A.M. both the petitioners alongwith other co-accused persons named in the FIR variously armed with weapons entered into the house of the informant with intention to grab his Gharari land and started throwing bricks into his courtyard and

Patna High Court CR. MISC. No.42580 of 2022(2) dt.29-11-2022 2/3 were saying to kill those persons who come out from the room and the informant identified all of them. It is alleged that when the mother of the informant came out from the room, the petitioners alongwith other co-accused persons assaulted her. The mother of the informant was brought to the hospital but she died on the way to SKMCH, Muzaffarpur.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the police after investigation submitted final form against the petitioners, but the learned court below after differing with the final form took cognizance against the petitioners.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in

Patna High Court CR. MISC. No.42580 of 2022(2) dt.29-11-2022 3/3 connection with Dumra P.S. Case No.250 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T