Saidur Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55475 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- KADWA District- Katihar ====================================================== 1.
SAIDUR RAHMAN son of Abdul Haque Village- Raniganj Ps- Kadwa Dist- Katihar 2.
Md. Karim @ Ashfaque Karim son of Nazir Hussain @ Nazir VillageRaniganj Ps- Kadwa Dist- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Sinha,Adv.
For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 379, 435, 341, 323, 307, 504, 506, 148 of the Indian Penal Code.
3. As per the prosecution case, the FIR named accused persons including the petitioners, armed with deadly weapons, came at the house of the informant and started breaking the house and on protest, they indiscriminately assaulted the informant's side.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.55475 of 2023(2) dt.09-10-2023 2/3 that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. There is case and counter case between the parties and both sides have sustained grievous injury. Similarly situated co-accused persons have been enlarged on bail by this court vide order dated 18.08.2023 passed in Cr. Misc. No. 43666 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as similarly situated co-accused have been granted bail by this Court, 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 Kadwa P.S. Case No. 50 of 2023,
Patna High Court CR. MISC. No.55475 of 2023(2) dt.09-10-2023 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T