Md. Quamrul Husan @ Md Kamali Huasan @ Md. Quamarul Hasan @ Kamrul Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 61510 of 2024 Arising Out of PS. Case No.-384 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== 1.

Md. Quamrul Husan @ Md Kamali Huasan @ Md. Quamarul Hasan @ Kamrul Hasan Son Of Md. Abdul Mazid @ Md Majid @ Majid Hasan Village- Badarbanna, Ps- Bahera, Dist- Darbhanga 2.

Md. Sarfraz @ Ajmal Son Of Md. Shabbir Ahmad @ Md. Shabbir VillageBadarbanna, Ps- Bahera, Dist- Darbhanga 3.

Md. Shakil Ahamad @ Shakil @ Md. Shakil Son Of Md. Shabbir Amhad @ Md. Shabbir Village- Badarbanna, Ps- Bahera, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeshkumar Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 147, 341, 323, 308 and 379 of the Indian Penal Code, registered in connection with Excise P.S. Case No. 103 of 2024.

3. As per prosecution case, the allegation against the named accused persons including the petitioners is that they have assaulted the informant by means of khanti, iron rod, iron

Patna High Court CR. MISC. No. 61510 of 2024(2) dt.05-09-2024 2/3 chain and lathi due to which he sustained injury. It is further alleged that accused persons also snatched mobile, golden chain and cash of Rs. 20,000/- from the informant.

4. The learned counsel for the petitioners has submitted that petitioners have been falsely implicated in this case and have committed no offence. There is an admitted land dispute between the parties due to which the alleged occurrence had taken place. There is no specific allegation levelled against these petitioners. He further submitted that the other co-accused persons have already been granted bail by a Co-ordinate Bench vide order dated 03.07.2023 and 05.07.2024 passed in Cr. Misc. Nos. 36562 of 2023/18937 of 2024. Petitioners are in custody since 18.10.2023.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case and the fact that the similar situated co-accused has already been enlarged on bail, let the petitioners, above-named, 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 1st Additional Sessions Judge, Benipur, Darbhanga in connection with Bahera P.S. Case No. 384 of

Patna High Court CR. MISC. No. 61510 of 2024(2) dt.05-09-2024 3/3 2022, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T