Asraul @ Israul Haque @ Israul Haq v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72502 of 2024 Arising Out of PS. Case No.-230 Year-2024 Thana- DARAUNDA District- Siwan ====================================================== 1.

Salam @ Abdul Salam Son of Bhikhu @ Ikramul Haque Resident of villageDaraunda PS -Daraunda Dist -Siwan 2.

Raza @ Raza Ahamad son of Id Mohhamad Resident of village- Daraunda PS -Daraunda Dist -Siwan 3.

Asrar son of Late Jhulan @ Late Saffi Ahmad Resident of village- Daraunda PS -Daraunda Dist -Siwan ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72475 of 2024 Arising Out of PS. Case No.-230 Year-2024 Thana- DARAUNDA District- Siwan ====================================================== 1.

Asraul @ Israul Haque @ Israul Haq Son of Bhiku @ Ikramul Haque Resident of village- Daraunda, P.S.- Daraunda, Dist.- Siwan 2.

Taufik @ Abdul Toufique Son of Kalam @ Abdul Kalam Resident of village- Daraunda, P.S.- Daraunda, Dist.- Siwan 3.

Idu @ Id Mahamad Son of Late Saffi @ Late Saffi Ahmad Resident of village- Daraunda, P.S.- Daraunda, Dist.- Siwan ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 72502 of 2024) For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam (In CRIMINAL MISCELLANEOUS No. 72475 of 2024) For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-03-2025 Both the criminal miscellaneous applications have arisen out of the same occurrence and as such, both are

2/4 being heard together and are being disposed of by passing this common order.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Daraunda P.S. Case no. 230 of 2024 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 354, 504 and 506 of the Indian Penal Code.

4. As per allegation in the FIR, on 1.6.2024 relatives of the informant came to his house to attend the marriage function of his brother. They were getting ready for Barat party, in the meantime, FIR named accused persons and some unnamed persons came to his house and started hurling abuse to them, upon which his brother Naushad opposed. Thereafter, coaccused Kalam and Salam assaulted by means of hockey stick and bat upon the head of Naushad. When his sister Sabana came to save him, she was also assaulted by co-accused Esarar and Raza by means of lathi-danda on her head and eye as a result of which she received eye injury and also both have torn her attire. Accused Mohammad and Ashrahul assaulted the informant by means of iron rod.

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5. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Both parties are co-villagers. General and omnibus allegations have been levelled against them. In fact, one lady member of petitioners family is suffering from cardiac disease so petitioners objected the bursting of crackers to the members of informant side, upon which occurrence took place. Out of three injured persons, two have sustained simple injury. Moreover, the present case is counter version of Daraunda P.S. Case No. 228 of 2024 filed by petitioner Israul Haque against the informant and his relatives.

6. Learned APP appearing for the State has opposed the prayer of Bail.

7. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Daraunda P.S. Case no. 230 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan

4/4 subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) sushma/- U