Md Ayub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57913 of 2023 Arising Out of PS. Case No.-185 Year-2022 Thana- KISHANPUR District- Supaul ====================================================== 1.

MD AYUB S/O RAMJAN ALI R/O VILLAGE- RAJPUR, PSKISHANPUR, DISTRICT-SUPAUL 2.

MD. NURULLAH S/O MD. AYUB R/O VILLAGE- RAJPUR, PSKISHANPUR, DISTRICT-SUPAUL 3.

MD. SALAUDDIN S/O MD. AYUB R/O VILLAGE- RAJPUR, PSKISHANPUR, DISTRICT-SUPAUL 4.

HAIDER ALI S/O MD. AYUB R/O VILLAGE- RAJPUR, PSKISHANPUR, DISTRICT-SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 323, 324, 341, 354B, 435, 504 and 506/34 of the Indian Penal Code.

3. The allegation against the petitioners is that the petitioners assaulted the informant's side by means of several weapons due to which they sustained injuries. It is also alleged that accused persons set the house of the informant on fire due which the things kept in the house got burnt.

Patna High Court CR. MISC. No.57913 of 2023(3) dt.14-12-2023 2/3

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. He further submits that there is no specific overt act against the petitioners. Petitioners have one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner no.2 namely to assault Ramchandra Mandal due to which he sustained grievous injury.

6. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner no.2 on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. However, as the injuries attributed towards the petitioner nos.1, 3 and 4 are simple in nature, let the above named petitioner nos.1, 3 and 4, 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

Patna High Court CR. MISC. No.57913 of 2023(3) dt.14-12-2023 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kishanpur P.S. Case No.185 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T