Md. Mukhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54770 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- SUPAUL District- Supaul ====================================================== 1.

Md. Mukhtar, Son of Md. Matin, Resident of Village- Supaul Ward No. 8, Panchayat Pipra Khurd, P.S.- Supaul, Distt- Supaul 2.

Md. Izhar Son of Nazim @ Md. Hasim Resident of Village- Sonak, P.S.- Supaul, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate.

For the Opposite Party/s :

Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-08-2023 Heard Mr. Pramod Mishra, learned counsel appearing on behalf of the petitioners and Dr. Indiwar Kumari, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Supaul P.S. Case No. 21 of 2023 registered for the offence punishable under Sections 341, 323, 308, 379 and 504/34 of the Indian Penal Code.

3. As per the prosecution story, the goat of the petitioner had entered into the field of the informant and had started grazing paddy crop which was objected by the wife of the informant, upon which the petitioners along with 3-4 unknown accused persons armed with various weapons started

Patna High Court CR. MISC. No.54770 of 2023(2) dt.23-08-2023 2/3 assaulting the informant and his wife by means of iron rod. When the son and daughter-in-law of the informant came to rescue them, the accused persons also assaulted them. Petitioners are named in the F.I.R.

4. Learned counsel appearing on behalf of the petitioners submitted that there is general and omnibus allegation against all the accused persons. There is land dispute between the parties. Petitioners have been falsely implicated in the case due to dirty village politics. There is no injury report on record to corroborate the injury sustained by the victims. Coaccused Samar Jahan against whom similar allegation has been made in the F.I.R. has already been released on anticipatory bail by the court below.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioners, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.54770 of 2023(2) dt.23-08-2023 3/3 Supaul in connection with Supaul P.S. Case No. 21 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T