Shahnawaz Shaikh @ Shahnaj @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66141 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- BISFI District- Madhubani ====================================================== 1.

Shahnawaz Shaikh @ Shahnaj @ Chhotu Son Of Late Sher Mohammad Resident Of Village -BISFI Hat, Ps- Bisfi, Distt- Madhubani 2.

Md. Farhan Son Of Late Sher Mohammad Resident Of Village -BISFI Hat, Ps- Bisfi, Distt- Madhubani 3.

Yasid Shekh @ Md. Yasid@ Tousif Son Of Late Sher Mohammad Resident Of Village -BISFI Hat, Ps- Bisfi, Distt- Madhubani 4.

Md. Rummi Son Of Late Sher Mohammad Resident Of Village -BISFI Hat, Ps- Bisfi, Distt- Madhubani 5.

Saddam @ Md. Saddam Son Of Murtaza Resident Of Village -BISFI Hat, Ps- Bisfi, Distt- Madhubani 6.

Irfan Son Of Murtaza Resident Of Village -BISFI Hat, Ps- Bisfi, DisttMadhubani 7.

Mahtab Son Of Murtaza Resident Of Village -BISFI Hat, Ps- Bisfi, DisttMadhubani 8.

Nur Mohammad Son Of Mir Hasan Resident Of Village -BISFI Hat, PsBisfi, Distt- Madhubani 9.

Md. Ali Son Of Mir Hasan Resident Of Village -BISFI Hat, Ps- Bisfi, DisttMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra Jha, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Bisfi P.S. Case No. 72 of 2023 dated 04.03.2023, instituted for the offence punishable under Sections 341, 323, 379, 354, 427,

Patna High Court CR. MISC. No.66141 of 2023(2) dt.07-11-2023 2/3 325, 307, 504/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, on 03.03.2023 at about 08:00 am, when the informant came out of her house for going to grocery shop, she saw the accused persons, who were armed with danda, rod tengari entered into her house and started damaging the articles kept at home. After that the informant alleged that the accused persons brutally assaulted her due to which she got serious injuries. When Md. Izhar and Ismat Khatoon came to save, they were also assaulted and misbehaved.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioners and informants are close door neighbour and there is a land dispute between them. As per the F.I.R., the allegation against the petitioners are general and omnibus in nature. It is further submitted that there is a case and counter case between the parties. It is further submitted that petitioners' side filed a counter case against 16 named accused persons who are either family member of the informant or friend of the informant's family. It is further submitted that the informant has received injury which is simple in nature. Lastly, it has been submitted that the petitioners have

Patna High Court CR. MISC. No.66141 of 2023(2) dt.07-11-2023 3/3 no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bisfi P.S. Case No. 72 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- I, Benipatti, District- Madhubani, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T