Amzad Ali And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16496 of 2018 Arising Out of PS.Case No. -294 Year- 2017 Thana -BIRAUL District- DARBHANGA ======================================================

1. Amzad Ali,

2. Ashik Ali, Both sons of Late Yasin Ansari, Resident of village- Dhakjari, P.S.- Biraul, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Biraul P.S. Case No. 294 of 2017 registered for the offences punishable under Sections 341/323/324/379/354/504/34 of the Indian Penal Code. Learned counsel for the petitioners submits that there was some dispute in the game being played by the children and that interference made by the lady, namely, the informant, has filed the present case making false and frivolous allegations against the petitioners. It is further submitted that no injury as alleged is available in the injury report to substantiate the allegation. It is next submitted that there is land dispute between the parties and on account of the said emimity, the present case has been instituted. He also submits that the allegations under Sections 379 and 354 of the Indian Penal Code are, but embellishment only to make the charge graver.

Patna High Court Cr.Misc. No.16496 of 2018 (2) dt.09-04-2018 2/2 Having considered the entire facts and circumstances of the case and that the petitioners are not having any criminal antecedent, let the petitioner in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned A.C.J.M., Biraul, Darbhanga, in connection with Biraul P.S. Case No. 294 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T