Masleuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66143 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- PANDAUL District- Madhubani ====================================================== 1.

Masleuddin son of Jainul Haque Village- Bhagwatipur Mantola Ps- Pandaul Dist- Madhubani 2.

Md. Sansarul @ Sansarul son of Late Md. Mobin Village- Bhagwatipur Mantola Ps- Pandaul Dist- Madhubani 3.

Md. Sanaullah son of Late Md. Mobin Village- Bhagwatipur Mantola PsPandaul Dist- Madhubani 4.

Raji Ahmad son of Sansarul @ Md. Sansarul Village- Bhagwatipur Mantola Ps- Pandaul Dist- Madhubani 5.

Safi Ahmad @ Md. Safi Ahmad son of Safiullah @ Lal @ Shalimullah Village- Bhagwatipur Mantola Ps- Pandaul Dist- Madhubani 6.

Md. Irshad son of Md. Nisarul @ Md. Nisar Village- Bhagwatipur Mantola Ps- Pandaul Dist- Madhubani ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Baidhyanath Thakur, Advocate For the Opposite Party :

Mr.Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341, 323, 325, and 308/34 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of the occurrence, when the informant was sitting at his door, all the FIR named accused persons including these petitioners came there and started abusing him and on protest, they assaulted the informant with lathi causing him multiple injuries on the head.

4. It is submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.66143 of 2024(3) dt.27-02-2025 2/2 incident of marpit took place due to previous land dispute between the parties in which both sides sustained injuries. There is case and counter case. Case lodged by the wife of petitioner no.3 is earlier in point of time. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Title Suit No. 273 of 2018 is also going on between the parties.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged 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 the Chief Judicial Magistrate, Madhubani in Pandaul Police Station Case No. 51 of 2024 (GR No. 488/2024), subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. Shashi (Prabhat Kumar Singh, J) U T