Md Mahiuddin @ Md Mohiuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76421 of 2024 Arising Out of PS. Case No.-149 Year-2024 Thana- KISHANPUR District- Supaul ====================================================== 1.
Md Mahiuddin @ Md Mohiuddin Son of Md Alauddin Resident of VillageMadhura Ward No. 05, P.S. - Kishanpur, District- Supaul 2.
Md Shamim @ Md Samim Son of Md Mahiuddin @ Md Mohiuddin Resident of Village- Madhura Ward No. 05, P.S. - Kishanpur, DistrictSupaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishore Singh, Adv.
For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024 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 Kishanpur Police Station Case No. 149 of 2024, disclosing offences under Sections 341, 323, 447, 325, 307, 504 and 34 of the Indian Penal Code.
3. As per the prosecution case lodged by informant Bibi Kasida Khatoon alleging that on 14.06.2024, petitioners along with other accused persons arrived at the door of the informant armed with various weapons and petitioner no.1 Mahiuddin along with other accused persons assaulted the informant by means of lathi, dabiya etc. Mashruddin and
Patna High Court CR. MISC. No.76421 of 2024(2) dt.14-11-2024 2/3 subsequently petitioners and others assaulted the son of the informant by means of dabiya.
4. Learned Counsel for the petitioners submit that the petitioners have been made accused due to land dispute between the parties and both the parties are co-sharers. A counter case by way of complaint has also been lodged by the side of the petitioners. Injuries caused to the informant are also simple in nature. It is evident from Annexure P/3 that husband and son of the informant did not receive serious injuries as it would be evident from the impugned order itself.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-sharers. There is land dispute between the parties and the injuries caused to the informant are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.76421 of 2024(2) dt.14-11-2024 3/3 Chief Judicial Magistrate, Supaul in connection with Kishanpur Police Station Case No. 149 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) Siwani/- U T