Md. Israil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77219 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.

Md. Israil Son Of Md. Ismail Resident Of Village - Kachra, Ward No.6, P.S. - Saur Bazar, District - Saharsa 2.

Md. Israfil Son Of Md. Ismail Resident Of Village - Kachra, Ward No.6, P.S. - Saur Bazar, District - Saharsa 3.

Md. Sahjad @ Md. Sajahad Son Of Md. Israil Resident Of Village - Kachra, Ward No.6, P.S. - Saur Bazar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 147, 149, 341, 323, 447, 307, 354(B), 324, 379, 504, 506 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons, variously armed, entered into the house of the informant and assaulted the informant and other family members. They outraged the

Patna High Court CR. MISC. No.77219 of 2023(2) dt.05-12-2023 2/3 modesty of the female member of the informant's side and snatched the gold ornaments.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. There is general and omnibus allegation against the petitioners and in the background of some land dispute, the present accusation has been levelled against the petitioners. There is counter version of the occurrence also and petitioners' side also sustained injuries. Nothing has been recovered from the conscious possession of the petitioners. The petitioner is languishing in custody since 15.07.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be

Patna High Court CR. MISC. No.77219 of 2023(2) dt.05-12-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 81 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T