Md. Seraj Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60260 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== 1.
Md. Seraj Khan Son Of Farid Khan Resident Of Village -KOELI Ps -NANPUR District- Sitamarhi 2.
Jafar Khan Son Of Farid Khan Resident Of Village -KOELI Ps -NANPUR District- Sitamarhi 3.
Nejamuddin Khan Son Of Farid Khan Resident Of Village -KOELI Ps -NANPUR District- Sitamarhi 4.
Altaf Khan Son Of Farid Khan Resident Of Village -KOELI Ps -NANPUR District- Sitamarhi 5.
Laddan Khan Son Of Jabbar Khan Resident Of Village -KOELI Ps -NANPUR District- Sitamarhi 6.
Naushad Khan @ Nausad Alam Son Of Late Md. Raja Khan Resident Of Village -KOELI Ps -NANPUR District- Sitamarhi 7.
Afsar Khan Son Of Md. Mushtaque Khan Resident Of Village -KOELI Ps -NANPUR District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashish Kumar Ranjan For the Opposite Party/s :
Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 325, 379, 34 of the Indian Penal Code.
3. As per the prosecution case, allegation against the petitioners is of assaulting the informant and his family
Patna High Court CR. MISC. No.60260 of 2023(2) dt.13-10-2023 2/3 members by means of various weapons.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injuries and the injuries were found grievous in nature. He further submits that there is admitted land dispute between the parties. Petitioners no. 1, 2, 3 and 7 have no criminal antecedent and petitioners no. 4, 5 and 6 have one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the fact that both sides have sustained grievous injury, let the above named petitioners, 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 of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor
Patna High Court CR. MISC. No.60260 of 2023(2) dt.13-10-2023 3/3 Court in connection with Nanpur P.S. Case No.21 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T