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Patna High CourtCR. MISC./66517/2023allowed

Md. Dilo @ Md. Dillo @ Dilvar @ Dilawar v. The State Of Bihar

2024-01-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66517 of 2023 Arising Out of PS. Case No.-757 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Md. Dilo @ Md. Dillo @ Dilvar @ Dilawar Son Of Majloom Miyan Resident Of Kutubpur, Ps- Muffasil Dist- Khagaria. 2.

Md. Rabban Son Of Md. Tahrij Resident Of Kutubpur, Ps- Muffasil DistKhagaria. 3.

Md. Aurangjeb Son Of Md. Jamaluddin @ Jamaluddin Resident Of Kutubpur, Ps- Muffasil Dist- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Choudhary For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case in connection with Khagaria P.S. Case No. 757/2022, G.R. No. 2067 of 2022, registered for the offences punishable under Sections 341/447/323/379/384/504/506/34 of the Indian Penal Code.

3. As per F.I.R., allegation against the petitioners along with others co-accused persons who have assaulted the informant and his family members and also took some articles

Patna High Court CR. MISC. No.66517 of 2023(3) dt.22-01-2024 2/3 and demanded Rs. 10,00,000/- as rangdari.

4. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. Petitioners have got no criminal antecedent mentioned in Para 3 of the bail application. He further submits that the F.I.R. it is alleged that the petitioner no. 1 had snatched gold ring from the finger of the informant son whereas petitioner no. 3 had assaulted the informant son with iron rod and there is no specific overt act against petitioner no. 3. He further submits that in the entire occurrence, no person was injured mentioned in Para 45 of the case diary. He further submits that when Investigation Officer demanded prescription report the injured person was not in a condition to supply the said prescription. There is admitted land dispute between the parties.

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

6. Having regard to the facts and circumstances of the case and also submissions of the parties, let the above named petitioners, be released on bail, in the event of their arrest, 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 learned Court below where the case is pending/

Patna High Court CR. MISC. No.66517 of 2023(3) dt.22-01-2024 3/3 successor Court in connection with Khagaria P.S. Case No. 757/2022, G.R. No. 2067 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T