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Patna High CourtCR. MISC./58966/2023allowed

Mir Guddu v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58966 of 2023 Arising Out of PS. Case No.-752 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

MIR GUDDU S/O MIR MARUF R/O VILLAGE- MATHURAPUR, PO AND PS. TURKAULIYA, DIST. EAST CHAMPARAN 2.

MIR SHAHJAD S/O MIR MARUF R/O VILLAGE- MATHURAPUR, PO AND PS. TURKAULIYA, DIST. EAST CHAMPARAN ... ... petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the petitioners/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of assaulting the informant and his family members due to which, the informant side sustained injury.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that both the parties are Gotiya and there is a land dispute between the parties. There

Patna High Court CR. MISC. No.58966 of 2023(2) dt.04-09-2023 2/2 is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. The allegation levelled against the petitioner no. 1 is attacked by iron rod on the head of the informant and they received injury on waist and petitioner no. 2 attacked by iron rod on the informant's head resulting left hand fractured and the injury sustained by these petitioners is simple in nature. They are languishing in judicial custody since 08.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Turkauliya P.S. Case No. 752 of 2023.

(Sunil Kumar Panwar, J) arish/- U