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Patna High CourtCR. MISC./65888/2021bail granted

Md Sajjad v. The State Of Bihar

2022-06-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65888 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- RAGHOPUR District- Supaul ====================================================== 1.

Md Sajjad S/o Md. Israil Resident of Ward No.-12, Simrahi, P.S.- Raghopur, District- Supaul.

2.

Md. Sahbaj @ Md. Sahabaj S/o Md. Israil Resident of Village- Rashidpur, P.S.- Akbarnagar, District- Bhagalpur.

3.

Rubeda Khatoon D/o Md. Israil Resident of Village- Rashidpur, P.S.- Akbarnagar, District- Bhagalpur.

4.

Md. Israil S/o Late Kasamlalli Mian Resident of Village- Rashidpur, P.S.- Akbarnagar, District- Bhagalpur.

5.

Md. Karim S/o Late Khalil Mian Resident of Village- Rashidpur, P.S.- Akbarnagar, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivek Kumar For the Opposite Party/s :

Mr. Kumar Ravi Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 447, 354(B), 379, 504 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the accused persons including petitioners, variously armed

Patna High Court CR. MISC. No.65888 of 2021(3) dt.28-06-2022 2/3 came on the purchased land of the informant and started to make construction and when the husband of the informant raised protest, all the accused persons started assaulting the him and when other family members of the informant came to his rescue, they were also assaulted by the accused persons.

It is submitted by learned counsel for the petitioners that in the background of some land dispute, the present F.I.R has been registered. It is further submitted that for the alleged occurrence of 21.03.2021, the F.I.R has been registered on 26.03.2021 without explanation of delay. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. A supplementary affidavit has been filed to the effect that both sides have filed a compromise petition before learned Court below. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of

Patna High Court CR. MISC. No.65888 of 2021(3) dt.28-06-2022 3/3 four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur at Supaul in connection with Raghopur P.S. Case No. 76 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T