Diwan Kamruddin @ Diwan Kamruddin Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69025 of 2023 Arising Out of PS. Case No.-334 Year-2022 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

Diwan Kamruddin @ Diwan Kamruddin Khan Son Of Late Diwan Tahir Khan Resident Of Village - Hansrew, P.S. - Chand, District - Kaimur (BHABUA) 2.

Diwan Tamib Khan @ Diwan Talib Khan Son Of Diwan Kamruddin Resident Of Village - Hansrew, P.S. - Chand, District - Kaimur (BHABUA) 3.

Diwan Taiyab Khan @ Taiyab Khan Son Of Diwan Kamruddin Khan Resident Of Village - Hansrew, P.S. - Chand, District - Kaimur (BHABUA) 4.

Diwan Aurangjeb Khan Son Of Diwn Galib Khan Resident Of Village - Hansrew, P.S. - Chand, District - Kaimur (BHABUA) 5.

Diwan Faisal Khan @ Faisal Khan Son Of Diwan Tamib Khan @ Diwan Talib Khan Resident Of Village - Hansrew, P.S. - Chand, District - Kaimur (BHABUA) 6.

Diwan Khalid Khan @ Khalid Khan Son Of Diwan Tamib Khan @ Diwan Talib Khan Resident Of Village - Hansrew, P.S. - Chand, District - Kaimur (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 307, 341, 323, 325, 504, 506, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act.

3. Petitioners are said to have started firing in air with rifle and they also assaulted the informant with lathi.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.69025 of 2023(3) dt.25-01-2024 2/2 this case. He submits that there is case and counter case between the parties and both sides have sustained grievous injury. He submits that occurrence took place on 21.11.2022 but the FIR has been lodged on 25.11.2022 after delay of 4 days without explaining any reasonable cause of delay. He submits that the both parties are own gotiya and there is admitted land dispute between them. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the facts and circumstances of the case and the fact that both sides have sustained grievous injury, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Chand P.S. Case No. 334 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T