Md. Kaish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7070 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.

Md. Kaish Son Of Md. Anwarul Resident Of Village- Alafganj Bishanpur, P.S.- Lnmu, District- Darbhanga 2.

Md. Safi Son Of Late Harun Shaikh @ Md. Harun Resident Of VillageAlafganj Bishanpur, P.S.- Lnmu, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 504/34 of the Indian Penal Code. As per prosecution case, on the alleged date of occurrence, when the informant was at his house, the accused persons including the petitioners armed with weapons forcibly entered in his house and started

Patna High Court CR. MISC. No.7070 of 2023(2) dt.08-05-2023 2/3 assaulting him due to which the informant's side sustained injuries.

Learned counsel for the petitioners submits that the petitioners are innocent and they have committed no offence. He has falsely been implicated in this case due to land dispute. It is further submitted that occurrence took place on 24.5.2022 but the FIR has been lodged in delay of four days on 28.5.2022 without any explanation. There is case and counter case, both parties sustained injuries as alleged in separate occurrences. Moreover, the petitioners are languishing in judicial custody since 27.10.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named

Patna High Court CR. MISC. No.7070 of 2023(2) dt.08-05-2023 3/3 petitioners are directed to be released on bail in connection with L.N.M.U P.S. Case No. 163 of 2022 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, Darbhanga.

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