Md. Kiyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76200 of 2024 Arising Out of PS. Case No.-261 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Md. Kiyam Son of Md. Munna @ Md. Alauddin Resident of Village - Murliganj Ward No.14, P.S. - Murliganj, District - Madhepura 2.

Md. Saddam Son of Md. Munna @ Md. Alauddin Resident of Village - Murliganj Ward No.14, P.S. - Murliganj, District - Madhepura 3.

Md. Rahman Son of Md. Munna @ Md. Alauddin Resident of Village - Murliganj Ward No.14, P.S. - Murliganj, District - Madhepura 4.

Md. Tajmul @ Md. Sakur Son of Late Md. Jalim @ Md. Jamil Resident of Village - Murliganj Ward No.14, P.S. - Murliganj, District - Madhepura 5.

Md. Jumrati @ Md. Gapaya @ Md. Gopuya Son of Late Md. Akhtar @ Md. Manjur Resident of Village - Murliganj Ward No.14, P.S. - Murliganj, District - Madhepura 6.

Md. Shamshed @ Md. Shamshad @ Md. Samsed @ Md. Samsad Son of Md. Kasim @ Kasim Resident of Village - Murliganj Ward No.14, P.S. - Murliganj, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mrs. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2024 Heard learned counsels for the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 341, 323, 447, 325, 379, 307, 34 of the Indian Penal Code.

3.

As per the FIR, the petitioners are said to have brutally assaulted the informant's side by means of deadly weapons. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.76200 of 2024(2) dt.18-11-2024 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that for the alleged occurrence there is a case and counter case between the parties and both sides have sustained simple injuries. There is no specific overt act against the petitioners. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 Murliganj P.S. Case No.261 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T