Md. Sarfuddin @ Mohammad Sarfuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79632 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== 1 .
Md. Sarfuddin @ Mohammad Sarfuddin S/O Oli Miyan @ Oli Mohammad @ Bali Mohammad Resident of Viilage- Pachmahala, P.S- Belaganj, Dist.- Gaya 2.
Md. Minhaz @ Md. Minhaj Uddin @ Md Minhazuddin S/O Oli Miyan @ Oli Mohammad @ Bali Mohammad R/O Village- Pachmahala, P.SBelaganj, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP For the informant :
Mr. Sandeep Kumar , Advocate Mr. Vinod Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 379, 307 and 34 of the Indian Penal Code .
3 . As per the prosecution case , on 10.02.2024 at 5 . 00 PM , when father of the informant was constructing a
Patna High Court CR. MISC. No.79632 of 2024(3) dt.22-01-2025 2/3 house , in the meantime all the accused persons came there and objected the same . It is further alleged that father of informant offered to get the land measured by Ameen but all the F.I.R., accused persons including these petitioners assaulted him with rod, stone and bricks due to which he sustained injury .
4. It is submitted on behalf of the petitioners that that dispute over over demarcation of land led to simple maarpeet in which both sides sustained injury . The present case is counter blast of Belaganj P S Case No. 96 of 2024 filed by petitioner No. 1 against the informant and in order to save skin from the aforesaid case , this false and concocted case has been lodged against these petitioners. Allegation of assault is general and omnibus. Petitioner claims clean antecedent.
5 . Learned counsel for the State oppose the bail petition .
6 Considering the fact that allegation of assault is general and omnibus, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged 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 the learned Chief Judicial
Patna High Court CR. MISC. No.79632 of 2024(3) dt.22-01-2025 3/3 Magistrate Gaya in connection with Belaganj P.S. Case No. 97 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T