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Patna High CourtCR. MISC./65988/2023allowed

Md. Sheesh @ Sheesh v. The State Of Bihar

2023-11-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65988 of 2023 Arising Out of PS. Case No.-316 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Md. Sheesh @ Sheesh S/O Late Md. Idris R/O Village- Chandi Ward No. 17, P.O- Ojhaul, P.S- Bahadurpur, Distt.- Darbhanga. 2.

Md. Amis Raja @ Amir Raja S/O Md. Jirjis @ Moti R/O Village- Chandi Ward No. 17, P.O- Ojhaul, P.S- Bahadurpur, Distt.- Darbhanga. 3.

Md. Ashraf @ Chulchul @ Ashraf Ashfehni S/O Jirjis @ Moti R/O VillageChandi Ward No. 17, P.O- Ojhaul, P.S- Bahadurpur, Distt.- Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 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, 325, 448, 452, 504, 506/34 of the Indian Penal Code.

3. As per F.I.R., allegation against these petitioners that they along with one other co-accused person came with deadly weapons in the house of informant and started assaulting the informant and his sons, and also took away jewellary.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. He further submits that

Patna High Court CR. MISC. No.65988 of 2023(2) dt.02-11-2023 2/2 there is case and counter case between the parties and both are the agnates and there is admitted land dispute between the parties. He further submits that the injury caused by the injured persons was found simple in nature. Petitioners have one criminal antecedent as mentioned in para-3 of this application, in which all petitioners have been acquitted.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, 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 Court in connection with Bahadurpur P.S. Case No. 316 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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