Tohar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50154 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- POTHIYA District- Kishanganj ====================================================== 1.

Tohar Ali Son Of Salmat Ali R/O Village- Bagrani Mirzapur, P.S.- Pothia, District- Kishanganj 2.

Aaizul Haque Son Of Samat Ali R/O Village- Bagrani Mirzapur, P.S.- Pothia, District- Kishanganj 3.

Mukhtar Hussain @ Makhtar Ali Son Of Samat Ali R/O Village- Bagrani Mirzapur, P.S.- Pothia, District- Kishanganj 4.

Akhtar Hussain Son Of Samat Ali R/O Village- Bagrani Mirzapur, P.S.- Pothia, District- Kishanganj 5.

Nasir Alam Son Of Tohar Ali R/O Village- Bagrani Mirzapur, P.S.- Pothia, District- Kishanganj 6.

Mansoor Alam Son Of Seikh Farid R/O Village- Bagrani Mirzapur, P.S.- Pothia, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajeev Ranjan, Advocate For the Opposite Party :

Mr. Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 379, 149, 341, 323, 307, 504, 506, 452, 324 of the Indian Penal Code. As per the prosecution case, all of the accused persons in this case assaulted Ijabul Haque and Fakruddin due to land dispute. It is further alleged that they took away Rs. 35,000/- and one mobile phone.

Patna High Court CR. MISC. No.50154 of 2022(2) dt.15-12-2022 2/2 The allegation of assault is general and omnibus in nature. There is case and counter case.

Learned counsel appearing for the State vehemently opposes the prayer for bail.

Considering the background of the occurrence and nature of injury, in the event of arrest/surrender within six weeks from today, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Pothia P.S. Case No. 206 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shahnawaz/- U T