Md. Imteyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55286 of 2024 Arising Out of PS. Case No.-82 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== Md. Imteyaz Son of Late Md. Mulim @ Md. Muslim R/O Vill.- Nazra Mohammada, Aabad, P.s.- Manigachhi, Dist.- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Iqbal Asif Niazi, Adv.
For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Manigacchi P.S. Case No. 82 of 2022, registered for the offences punishable under Sections 435, 384, 427, 504/506 and other ancillary sections of the Indian Penal Code, Sections 25(1B)(a), 26 and 35 of the Arms Act and Sections 3⁄4 of the Explosive Substance Act.
3. The prosecution case, in brief, is that on 17-052022 at 2:00 AM, informant woke up on hearing an explosion and saw that his Safari vehicle bearing registration No. DL8CM-8585 was burning and nearby people were trying to save themselves. The informant further saw that one whitecoloured Scorpio was standing there, and seven persons armed
Patna High Court CR. MISC. No.55286 of 2024(2) dt.31-08-2024 2/3 with revolvers and petrol bombs were coming towards his house, out of whom the informant identified this petitioner and other accused persons. It is further alleged that informant had given evidence in a case lodged against this petitioner and others, and due to that annoyance, the accused persons committed the alleged occurrence.
4. It is submitted on behalf of petitioner that petitioner is innocent and has falsely been implicated in the present case due to enmity and land dispute. Both the parties are agnates and there is a dispute with respect to a piece of land which has been forcibly occupied by the prosecution party. Further submission is that due to intervention of well-wishers of both the parties, the dispute has amicably been settled between the parties and accordingly, a joint compromise petition has been filed in the Court of A.C.J.M.-V, Darbhanga on 14.11.2022. Petitioner is in custody since 10.06.2024.
5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail.
6. Having considered the accusation and the fact that both the dispute between the parties has amicably been settled, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.55286 of 2024(2) dt.31-08-2024 3/3 like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Darbhanga in connection with Manigacchi P.S. Case No. 82 of 2022.
(Prabhat Kumar Singh, J) utkarsh/- U T