Md. Jumrat @ Jumrati @ Md. Jumret v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71951 of 2024 Arising Out of PS. Case No.-384 Year-2024 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Md. Jumrat @ Jumrati @ Md. Jumret Son of Late Md. Ballo Resident of village -Kaliprasad Feku Tola PS -Pirpainti District- Bhagalpur 2.

Md. Chhotu @ Chhotu Ali son of Md. Jumrat Resident of village -Kaliprasad Feku Tola PS -Pirpainti District- Bhagalpur 3.

Md. Jameer @ Md. Zameer son of Md. Jumrat Resident of village -Kaliprasad Feku Tola PS -Pirpainti District- Bhagalpur 4.

Md. Firoj @ Firoj son of Md. Jumrat Resident of village -Kaliprasad Feku Tola PS -Pirpainti District- Bhagalpur 5.

Bibi Jalsa @ Jalas wife of Md. Jumrat Resident of village -Kaliprasad Feku Tola PS -Pirpainti District- Bhagalpur 6.

Md. Bhushan son of Late Md. Niyamat Resident of village -Kaliprasad Feku Tola PS -Pirpainti District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-10-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Pirpainti PS case no. 384 of 2024, disclosing offences punishable under Sections 190 and other allied sections of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution story, as per the First Information Report, is that on 28.07.2024 in the morning, the informant saw

Patna High Court CR. MISC. No.71951 of 2024(2) dt.28-10-2024 2/3 that petitioners no. 1 and 2 were erecting pillar on the disputed land, for which, Title Suits bearing T.S. No. 24 of 2013 and T.S. No. 79 of 2015 are pending between the parties. When the informant objected, she along with her family were assaulted by petitioners' side with lathi, danda and fist. 4.

Learned Counsel for the petitioners submits that from the perusal of First Information Report, it is evident that there is long standing land dispute between the parties, for which, Title Suits are pending. Learned counsel further submits that a counter case has also been lodged by the side of the petitioners bearing Pirpainti PS case No. 385 of 2024. Referring to Annexure-4 series i.e. the injury report of the victims, learned counsel submits that injuries caused to the victims are simple in nature.

5.

Having regard to the facts and circumstances of the case and taking into consideration the fact that there is a long standing land dispute between the parties, Title Suit is pending between them, counter case is also lodged by the petitioner's side and injuries caused to the informant's side are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

Patna High Court CR. MISC. No.71951 of 2024(2) dt.28-10-2024 3/3 7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six 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, Bhagalpur in connection with Pirpainti PS case no. 384 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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