Hafaz @ Hafiz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6970 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- PALASI District- Araria ====================================================== 1.

HAFAZ @ HAFIZ Son of Late Shafil Resident of Village - Palasi Tola, Ward No.8, P.s.- Palasi, Distt.- Araria.

2.

Imtiyaz Son of Durai Resident of Village - Palasi Tola, Ward No.8, P.s.- Palasi, Distt.- Araria.

3.

Sultan Son of Durai Resident of Village - Palasi Tola, Ward No.8, P.s.- Palasi, Distt.- Araria.

4.

Zahir Son of Fadali Resident of Village - Palasi Tola, Ward No.8, P.s.- Palasi, Distt.- Araria.

5.

Manzar Son of Md. Zabul Resident of Village - Palasi Tola, Ward No.8, P.s.- Palasi, Distt.- Araria.

6.

Jamuna @ Munazir Son of Sultan Resident of Village - Palasi Tola, Ward No.8, P.s.- Palasi, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Palasi Police Station Case No. 29 of 2020, disclosing offences under Sections 147, 341, 323, 354(B), 379 of the Indian Penal Code.

Patna High Court CR. MISC. No.6970 of 2021(2) dt.15-12-2021 2/3 The allegation as per the ferdbeyan is that the accused persons were cutting wheat crop from the field of the informant. On protest, they badly assaulted the informant with lathi, danda etc. They also torn the clothes of wife of the informant.

The learned Counsel for the petitioners has submitted that there is land dispute between the parties and there is also counter case lodged by the petitioner's side against the informant and his family members which is Palasi P.S. Case No.28 of 2020. He has also submitted that the injuries sustained by the injured person are simple in nature caused by hard and blunt substance. He has further submitted that some accused persons have been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 23.11.2021 passed in Cr. Misc. No.5379 of 2021.

Considering the above-mentioned facts and circumstances of the case, the petitioners, named above, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Palasi Police Station Case

Patna High Court CR. MISC. No.6970 of 2021(2) dt.15-12-2021 3/3 No. 29 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Nawneet Kumar Pandey , J) sanjeev/- U T