Md. Irfan Kurashi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 49668 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- JALE District- Darbhanga ====================================================== Md. Irfan Kurashi Son of Md. Noman Kurashi R/o Village- Jalley, P.S.- Jalley, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Jalley P.S. Case No.97 of 2023 instituted under Sections 341, 323, 325, 307, 379, 385, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, when the informant was getting measured his land at village Jalley Islampur Tola all the FIR named person including petitioner came there and stopped him from measuring the land and demanded Rs.2,00,000/-. It is further alleged that when the informant continued the measurement, all the accused persons assaulted him with lathi, danda and iron rod due to which he fell down and when the brother and son of informant came there to rescue
Patna High Court CR. MISC. No. 49668 of 2024(2) dt.14-08-2024 2/3 him, the accused persons also assaulted them.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the nature of the injury upon informant is simple. There is land dispute between the parties and also a title suit is pending between them. There is case and counter case between the parties. He further submits that after investigation, the Police has filed the final form against the petitioner, however, the cognizance has been taken against him. He further submits that petitioner has no criminal antecedent and he undertakes 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 learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-I, Dharbhanga / Concerned Trial Court in connection with Jalley P.S. Case No.97 of 2023 subject to the
Patna High Court CR. MISC. No. 49668 of 2024(2) dt.14-08-2024 3/3 conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Ashishkr/- Harshita/- U T