Md. Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56026 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- BUDHUCHAK District- Bhagalpur ====================================================== Md. Arif S/o Late Jalaluddin, Resident of Village- Kishanpur @ Kishandaspur, P.S.- Budhuchak, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Budhuchak P.S. Case No. 21 of 2022, lodged under Sections 147, 149, 341, 323, 325, 307, 448, 379, 504 & 506 of the Indian Penal Code, later on Section 302 of the Indian Penal Code is added.

As per prosecution case, the informant has lodged this case against 15 named accused persons with allegation that they have assaulted the informant as well as specific allegation has been made against the petitioner that he has assaulted Mohd. Shahnasha.

Patna High Court CR. MISC. No.56026 of 2022(3) dt.21-02-2023 2/3 Learned counsel for the petitioner submits that in this case Section 302 of I.P.C. has been added only due to the reason that death of informant namely Mohd. Shahnasha took place after 20 days of the said occurrence. He further submits that injury of Mohd. Shahnasha has not come on record about which the Trial Court has acknowledged in its order. He also submits that from the contents of F.I.R., it transpires that the said dispute has occurred due to land dispute. He further submits that for the same date, place and time of occurrence two cases i.e. Annexure-1 and Annexure-2 have been filed i.e. Budhuchak P.S. Case No.21 of 2022 in which petitioner is seeking bail and Budhuchak P.S. Case No.20 of 2022 in which petitioner sides are informant.

Learned counsel for the petitioner further submits that petitioner is in custody since 03.05.2022 and the entire cause of the occurrence is land dispute. He further submits that some co-accused persons have been granted bail by the Coordinate Bench of this Court vide orders dated 16.12.2022 & 03.02.2023 passed in Cr. Misc. Nos.55888 of 2022 & 59409 of 2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and

Patna High Court CR. MISC. No.56026 of 2022(3) dt.21-02-2023 3/3 the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateXV, Bhagalpur in connection with Budhuchak P.S. Case No. 21 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T