Ayaz @ Chhotak @ Ayaz Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47954 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- HUSSAINGANJ District- Siwan ====================================================== AYAZ @ CHHOTAK @ AYAZ ALI SON OF TAHUR @ MD. TAHUR R/O VILLAGE- ATHGHARWA, P.S.-HUSSAINGANJ, DISTRICT- SIWAN ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 50211 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- HUSSAINGANJ District- Siwan ====================================================== MD. EZAZ @ EJAZ S/O TAHUR @ MD. TAHUR Resident of villageAthgharwa, P.S.- Hussainganj, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 47954 of 2022) For the Petitioner/s :
Mr.Ajay Kumar Pandey For the Opposite Party/s :
Mr.Pramod Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 50211 of 2022) For the Petitioner/s :
Mr.Ajay Kumar Pandey For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in connection with Hussainganj P.S. Case No.194 of 2021, registered for the offences punishable under Sections 147, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code.
Patna High Court CR. MISC. No.47954 of 2022(2) dt.06-12-2022 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioner of Cr. Misc. No.47954 of 2022 has got no criminal antecedent whereas the petitioner of Cr. Misc. No.50211 of 2022 has got one criminal antecedent as stated in paragraph-3 of the bail applications. It is further submitted that though there is specific allegation of assault against the petitioners that they assaulted the son of the informant by means of farsa, but the injuries are simple in nature. It is submitted that similarly situated other co-accused persons have already been enlarged on anticipatory bail by this Court as well as by a coordinate Bench of this Court. It is further submitted that there is case and counter case between the parties due to land dispute between them.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.
Considering the facts that there is case and counter case between the parties due to land dispute and similarly situated other co-accused persons have been enlarged on anticipatory bail by this Court as well as by a co-ordinate Bench of this Court, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a
Patna High Court CR. MISC. No.47954 of 2022(2) dt.06-12-2022 3/3 period of six weeks from today, be enlarged 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 A.C.J.M.-IX, Siwan in connection with Hussainganj P.S. Case No.194 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) Sanjay/- U T