Sheikh Abbas @ Sk Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49658 of 2024 Arising Out of PS. Case No.-159 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Sheikh Abbas @ Sk Abbas S/O Sk. Shahid @ Shekh Shahid R/O VillageMathwa, P.S- Turkauliya, Distt.- East Champaran. 2.

Husnatara @ Hasantara Khatoon W/O Seikh Nurool Hoda @ Nurul Hoda R/O Village- Mathwa, P.S- Turkauliya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Turkauliya P.S. Case No.159 of 2024 instituted under Sections 341, 323, 324, 307, 354(b), 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the FIR named accused persons including the petitioners laced with lathi, iron rod and danda came at the house of the informant and assaulted him. The allegation against the petitioner no. 1 is that he has assaulted the informant by means of iron rod on his body. The co-accused Abdul Hussan assaulted on his head by garasa and

Patna High Court CR. MISC. No.49658 of 2024(2) dt.14-08-2024 2/3 petitioner no. 2 also assaulted the informant by fist and leg.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case having no criminal antecedent. There is land dispute between the parties and both the parties are co-villager and agnates due to which some scuffle took place for which there is case and counter case between the parties. There are six accused persons including the petitioners having allegation that all have assaulted the informant by lathi, danda and iron rod but there is only one injury on the injured. He further submits that petitioners have no criminal antecedent and they undertake to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learn49658ed counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial MagistrateVI, East Champaran, Motihari /Concerned Trial Court in

Patna High Court CR. MISC. No.49658 of 2024(2) dt.14-08-2024 3/3 connection with Turkauliya P.S. Case No.159 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ashishkr/- Harshita/- U T