Aamir Husain @ Aamir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49630 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.

AAMIR HUSAIN @ AAMIR HUSSAIN S/O LATE JASIMUDDIN R/O VILLAGE- MANIK NAGAR, PS. AZAMNAGAR (SALMARI O.P.), DIST. KATIHAR 2.

JAZIR HUSAIN @ ZAKIR HUSSAIN S/O LATE JASIMUDDIN R/O VILLAGE- MANIK NAGAR, PS. AZAMNAGAR (SALMARI O.P.), DIST. KATIHAR 3.

SARFARAZ S/O ZAKIR HUSSAIN R/O VILLAGE- MANIK NAGAR, PS. AZAMNAGAR (SALMARI O.P.), DIST. KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. Learned counsel for the petitioner seeks permission to withdraw this anticipatory bail petition in respect of petitioner No. 2.

3. In view of the aforesaid submission, the anticipatory bail of the petitioner no. 2 is dismissed as withdrawn.

4. The petitioner Nos. 1 and 3 apprehend their arrest in connection with Azamnagar (Salmari O.P.) P.S. Case No. 138

Patna High Court CR. MISC. No.49630 of 2023(2) dt.11-08-2023 2/3 of 2023, registered for the offences punishable under Sections 341, 323, 325, 308, 379, 354(B), 504, 506/34 of the Indian Penal Code.

5. As per allegation, the informant Manwara Khatoon along with her daughter Anjura Khatoon were sitting at their darwaja, in the meantime petitioners along with other accused persons came there and started abusing them and said that they had grabbed their entire property. On protest, petitioner No. 1 assaulted on the head of the informant with lathi due to which she suffered head injury and petitioner No. 3 torn clothes of informant's daughter.

6. Learned counsel for the petitioners has submitted that both the parties are agnates and the FIR shows itself that there is land dispute. He has further submitted that injuries are simple in nature and petitioner no. 1 and 3 are the persons of clean antecedents.

7. Considering these facts and circumstances as well as clean antecedents of petitioner nos. 1 and 3, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.49630 of 2023(2) dt.11-08-2023 3/3 learned Chief Judicial Magistrate, Katihar in connection with Azamnagar (Salmari O.P.) P.S. Case No. 138 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Sudha/- U T