Md. Tajwar Hussain @ Tajwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82406 of 2023 Arising Out of PS. Case No.-540 Year-2023 Thana- BANKA District- Banka ====================================================== 1.

MD. TAJWAR HUSSAIN @ TAJWAR S/O MD. ALAUDDIN @ MD. ALAUDDIN ANSARI R/O VILLAGE- DUDHARI, P.S- BANKA, DISTT.- BANKA.

2.

MD. BABAR ANSARI S/O MD. ALAUDDIN @ MD. ALAUDDIN ANSARI R/O VILLAGE- DUDHARI, P.S- BANKA, DISTT.- BANKA. 3.

MD. ALAUDDIN @ MD. ALAUDDIN ANSARI S/O LATE SAKUR MIAN R/O VILLAGE- DUDHARI, P.S- BANKA, DISTT.- BANKA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 308, 379, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioners are said to have assaulted the informant's side brutally with deadly weapons due to which they sustained several injuries.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.82406 of 2023(2) dt.05-01-2024 2/3 petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are agnates and there is dispute regarding partition of the property between them. There is case and counter case between the parties. Both sides have sustained grievous injuries. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as both sides have sustained grievous injuries, 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 lower Court where the case is

Patna High Court CR. MISC. No.82406 of 2023(2) dt.05-01-2024 3/3 pending/successor Court in connection with Banka P.S. Case No. 540 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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