Md. Ashraf @ Ashraf Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76953 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- PRANPUR District- Katihar ====================================================== 1.

Md. Ashraf @ Ashraf Alam Late Kalimuddin Resident of Village- Garbaina Shitalpur Mungra Tola PS- Azamnagar District- Katihar 2.

Indrajeet Yadav S/o- Sukra Yadav @ Sukdev Yadav @ Sukhdeo Yadav Village- Kathghar Durgapur Ps- Pranpur Dist- Katihar 3.

Sugwa Yadav @ Sukhwa Yadav @ Kishan Yadav S/o- Loknath Yadav Village- Kathghar Durgapur Ps- Pranpur Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2024

1. 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 Pranpur Police Station Case No. 61 of 2024, dated 22.04.2024, disclosing offences under Sections 341/323/307/379/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 21.04.2024, the informant was surrounded by the petitioners and other accused persons and assaulted him by fists and slaps. The petitioner no. 2 assaulted the informant by means of pistol butt on his head.

Patna High Court CR. MISC. No.76953 of 2024(2) dt.20-11-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to land dispute between the informant and his own brother co-accused, namely, Hussain Alam. He next submits that the informant is political persons and at present is Sarpanch of Bairia Panchayat and all the cases, which have been disclosed as antecedents in the present application have been lodged by the informant and/or at the instance of the informant. He further submits that injuries caused to the informant is simple in nature as per injury report annexed at Annexure-P/2. A compromise petition between the parties has been filed before the Court of Sessions Judge, Katihar.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that own brother of the informant is accused in the present case having previous enmity and injuries caused to the informant is 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, in the event of their arrest or surrender before the Court below within four

Patna High Court CR. MISC. No.76953 of 2024(2) dt.20-11-2024 3/3 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 Judicial Magistrate 1st Class, Katihar, in connection with Pranpur Police Station Case No. 61 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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