Noorhoda Miyan @ Noorhoda Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72142 of 2022 Arising Out of PS. Case No.-315 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== 1.

NOORHODA MIYAN @ NOORHODA ANSARI Son of Md. Hasan Miyan Resident of Village- Turhapatti, P.S.- Chanpatia (Sirisiya O.P.), DistrictWest Champaran 2.

RAHMAN MIYAN Son of Late Amin Miyan Resident of VillageTurhapatti, P.S.- Chanpatia (Sirisiya O.P.), District- West Champaran 3.

MD. HASAN MIYAN @ MD. HUSSAIN @ MAHAMAD SAN MIYAN Son of Late Bilayat Miyan Resident of Village- Turhapatti, P.S.- Chanpatia (Sirisiya O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 323, 341, 324, 325, 354B, 307, 427, 504 and 506 of the Indian Penal Code pending in the learned court below.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that both sides are agnates and there is simple dispute

Patna High Court CR. MISC. No.72142 of 2022(2) dt.17-03-2023 2/2 took place between the parties over the issue of erection of a hut by the informant over the land of the petitioner's side. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that injuries found upon the victim is simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Chanpatia (Sirisiya O.P.) P.S. Case No.315/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T