Md. Noman @ Lal Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67695 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- BISFI District- Madhubani ====================================================== 1.
Md. Sultan @ Sultan Son of Late Md Jahir R/o -Chhachhua Dih, PS- Bisfi, Distt.- Madhubani 2.
Md. Rizwan Son of Late Md Jahir R/o -Chhachhua Dih, PS- Bisfi, Distt.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68421 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- BISFI District- Madhubani ====================================================== Md. Noman @ Lal Babu Son of Late Md Jahir R/o Chhachhua Dih, P.S.- Bisfi, Distt.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 67695 of 2024) For the Petitioner/s :
Mr. Ratnakar Jha For the Opposite Party/s :
Mr. Gagan Deo Yadav Mr. Vinod Kumar For the State :
Md. Fahimuddin (In CRIMINAL MISCELLANEOUS No. 68421 of 2024) For the Petitioner/s :
Mr. Ratnakar Jha For the Opposite Party/s :
Mr. Gagan Deo Yadav Mr. Vinod Kumar For the State :
Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Bisfi Police Station Case No. 125 of 2024, dated
Patna High Court CR. MISC. No.67695 of 2024(2) dt.23-10-2024 2/3 28.06.2024, disclosing offences under Sections 147/148/149/341/323/302/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 28.06.2024, the father of the informant was going towards Chhachhua Dih. No sooner than he reached the house of Mustafa, the petitioners, along with other accused persons, surrounded him and brutally assaulted him by means of lathi, danda, farsa, etc. due to which he sustained injuries. Subsequently, he was admitted to the hospital and during the course of treatment he died.
4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case on the basis of false and concocted story. The petitioners are innocent and have been implicated in this case due to land dispute and local politics. He next submits that the allegations against the petitioners are general and omnibus in nature. He further submits that the present case is a counter-blast of the Bisfi Police Station Case No. 98 of 2024, lodged by the side of the petitioners.
5. On the other hand, learned counsel for the informant vehemently opposes the prayer for anticipatory bail and
Patna High Court CR. MISC. No.67695 of 2024(2) dt.23-10-2024 3/3 submits that all the accused persons with common intention, brutally assaulted the informant's father due which he sustained multiple injuries and during the course of treatment died in the hospital.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioners are named in the First Information Report, who assaulted the informant's father indiscriminately, due to which he sustained multiple injuries, accordingly, considering the nature of offence and severity of punishment, I am not inclined to grant the petitioners privilege of anticipatory bail.
7. These applications are, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T