Patna High CourtCR. MISC./71336/2024bail granted

Md. Mahidin v. The State Of Bihar

2024-10-26Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71336 of 2024 Arising Out of PS. Case No.-230 Year-2024 Thana- NARPATGANJ District- Araria ====================================================== Md. Mahidin Son of Late Sahadat Miyan Resident of Pulha, Ward No. 12, Posdaha, P.S. - Narpatganj, District - Araria, 854316 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Vardhan For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Narpatganj Police Station Case No. 230 of 2024, disclosing offences under Sections 323/341/324/326/307/354(B)/379/447/448/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 19.04.2024, the petitioner, along with other accused persons, total 12 in numbers, entered into the house of the informant with lathi, farsa, fire-arms, etc. and petitioner ordered the other accused persons to commit loot in the house. It has further been alleged that the petitioner assaulted Md. Ansar by means of sword.

Patna High Court CR. MISC. No.71336 of 2024(2) dt.26-10-2024 2/3

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to land dispute between the parties. He next submits that a counter-case has been lodged by the side of the petitioner, bearing Narpatganj Police Station Case No. 227 of 2024, against the informant and others. Referring to the impugned order, learned counsel submits that injury caused to the victim is simple in nature.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is land dispute between the parties, counter-case has been lodged by the side of the petitioner and injury caused to the victim is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Narpatganj Police Station Case No. 230 of 2024, subject to the condition

Patna High Court CR. MISC. No.71336 of 2024(2) dt.26-10-2024 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T