Nurul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52547 of 2023 Arising Out of PS. Case No.-451 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
NURUL HAQUE SON OF LATE SHEKH SALIM RESIDENT OF VILLAGE-KAWAL PUR, PS- TURKAULIYA, DIST- EAST CHAMPARAN 2.
SAHID AKHTAR @ BUNED ALAM SON OF LATE SHEKH AMARUL RESIDENT OF VILLAGE-KAWAL PUR, PS- TURKAULIYA, DISTEAST CHAMPARAN 3.
JAWEZ ALAM @ JAWED ALAM SON OF LATE SHEKH AMARUL RESIDENT OF VILLAGE-KAWAL PUR, PS- TURKAULIYA, DISTEAST CHAMPARAN 4.
IMTEYAZ AHMAD SON OF LATE SHEKH ANWAR @ BIJALI RESIDENT OF VILLAGE-KAWAL PUR, PS- TURKAULIYA, DISTEAST CHAMPARAN 5.
FAIYAZ AHMED @ CHUNNU SON OF LATE SHEKH ANWAR @ BIJALI RESIDENT OF VILLAGE-KAWAL PUR, PS- TURKAULIYA, DIST- EAST CHAMPARAN 6.
ABDUL MANAN SON OF LATE SHEKH JAUWAD RESIDENT OF VILLAGE-KAWAL PUR, PS- TURKAULIYA, DIST- EAST CHAMPARAN 7.
SARWAR EMAM @ NIRALA SON OF SHEKH RUHUL HAQUE @ JHALLU RESIDENT OF VILLAGE-KAWAL PUR, PS- TURKAULIYA, DIST- EAST CHAMPARAN 8.
TABREJ @ GUDDU SON OF LATE SHEKH ABDUL KUDUSH RESIDENT OF VILLAGE-KAWAL PUR, PS- TURKAULIYA, DISTEAST CHAMPARAN 9.
AFZAL ALAM @ AFZAL AHMAD SON OF FAIYAZ @ CHUNNU RESIDENT OF VILLAGE-KAWAL PUR, PS- TURKAULIYA, DISTEAST CHAMPARAN ... ... Petitioners.
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Vijay Shankar Shrivastava, Advocate For the State :
Mr. Satyendra Narayan Singh, APP For the Informant : Mr. Nafizuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for
Patna High Court CR. MISC. No.52547 of 2023(2) dt.31-08-2023 2/3 the State assisted by learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 354B, 379, 427, 504 and 506 of the Indian Penal Code.
3. The accusation against the petitioners is that they assaulted the informant and his family members due to which they sustained injury.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to previous enmity, dirty village politics as well as land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted injuries sustained by all the injured persons are simple in nature and the injury reports have been annexed as Annexure-3 series to this application. Learned counsel for the petitioners placed reliance in the case of Maulana Mohammad Amir Rashadi Vs. State of Uttar Pradesh and another reported in (2012) 2 SCC 382. Except petitioner no.9, all the petitioners have criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State assisted by learned counsel for the informant vehemently opposed the prayer for bail.
Patna High Court CR. MISC. No.52547 of 2023(2) dt.31-08-2023 3/3
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Turkauliya P.S. Case No.451 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T