Tufail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60309 of 2022 Arising Out of PS. Case No.-190 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== 1.

TUFAIL, Son of Vajul R/V- Mesaudha, P.S- Piprahi, Dist- Sheohar 2.

Tamanne @ Md. Rashid, Son of Mushtaque R/V- Mesaudha, P.S- Piprahi, Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Anisur Rahman, Adv For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in connection with Piprahi P.S. Case No. 190 of 2022 registered under Sections 147, 149, 341, 323, 324, 307, 504 and 325 of the Indian Penal Code.

The FIR States that based on dispute over distribution of property between the accused and prosecution parties, who are agnates, the petitioners have assaulted the informant and his son with knife, lathi and danda.

Learned counsel for the petitioners submits that from the F.I.R., it is obvious that parties are agnates and there is subsisting dispute over claim of property. The petitioners has thus been falsely implicated in this case. Having no antecedents, they are stated to be in custody since 03.08.2022. The informant and the accused persons have also filed a joint compromise petition in the trial court, copy of

Patna High Court CR. MISC. No.60309 of 2022(4) dt.01-02-2023 2/2 which is brought on record by way of supplementary affidavit. Investigation is complete.

Learned APP has opposed the prayer for bail. It is submitted that petitioners are accused and injuries have been found. Considering the rival submissions, joint compromised petition, clean antecedent, and period of custody, this Court is inclined to allow the petitioners' prayer for bail. Prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of J.M. 1 class, Sheohar in Piprahi P.S. Case No. 190 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled. (Madhuresh Prasad, J) SUMIT/- U T