Md. Khushnasib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48666 of 2022 Arising Out of PS. Case No.-209 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

MD. KHUSHNASIB Son of Md. Mansur @ Chhote Resident of Village - Pokhraira, P.s.- Nanpur, Distt.- Sitamarhi.

2.

Md. Monajeer @ Md. Monajir Hasain Son of Md. Habibul Rahman @ Habbul Resident of Village - Pokhraira, P.s.- Nanpur, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nanpur P.S. Case no. 209 of 2020 instituted for the offence under Sections 341, 323,324, 307, 379, 504, 506, 34 of the Indian Penal Code.

The prosecution story is that when the informant with his family members were sleeping at night, the petitioners along with co-accused persons entered inside the premises of his house and started abusing them. It is further alleged that petitioner with intention to kill the informant's

Patna High Court CR. MISC. No.48666 of 2022(2) dt.15-12-2022 2/3 husband gave a farsa blow on him due to which he sustained injury.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. It is further submitted that earlier a dispute of land took place between the parties due to which they have falsely been made accused in this case. As per the impugned order, it is apparent that the injury sustained by injured person is simple in nature. It is further submitted that there was no repetition of farsa blow found.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nanpur P.S. Case no. 209 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.48666 of 2022(2) dt.15-12-2022 3/3 Sub Divisional Judicial Magistrate, Pupri District- Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T