Ali Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66131 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

ALI AHMAD, aged abut 48 years, gender-male, Son of Late Abdul Hamid, 2.

Md. Rizwan Ahmad, aged about 30 years, gender-male, 3.

Md. Zisan Ahmad, aged about 28 years, gender-male, 4.

Md. Imran Ahmad, aged about 24 years, gender-male, 5.

Md. Farhan Ahmad, aged about 21 years, gender-male, Petitioner no. 2 to 5 sons of Ali Ahmad, all residents of Mohalla - Shahganj, Benta, P.S.- Laheriasarai, Distt - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Jha For the Opposite Party/s :

Mr.Rajeev Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2019 Learned counsel for the informant has filed counter affidavit. Let it be kept on record.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 r/w 34 of the Indian Penal Code. The allegation against the petitioners are that they dragged the husband of the informant out of his house and he

Patna High Court CR. MISC. No.66131 of 2019(2) dt.15-11-2019 2/2 was brutally beaten by the accused persons.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this due to enmity. There is no specific over act due to save his skin from Laheriasarai P.S. Case No. 237/2019. Both parties belong to the same family and there is land dispute in between them. In the aforesaid facts and circumstances, I am not inclined to grant the petitioners anticipatory bail. Accordingly, the prayer for bail of the petitioners are rejected in connection with Laheraisarai P.S. Case No. 238 of 2019 from the Court of learned C.J.M., Darbhanga.

Accordingly, the application is disposed of.

However, petitioners are directed to surrender before the learned court below and make prayer for bail, the learned court below shall dispose of the bail petition on the same day without prejudice of this order.

(Anjani Kumar Sharan, J) amitkumar/- U T