Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84443 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- AMAUR District- Purnia ====================================================== 1.

Md. Firoz S/O Anjum R/O Village- Dalmalpur, P.S.- Amour, District- Purnea 2.

Md. Warish @ Warish S/O Late Musai R/O Village- Dalmalpur, P.S.- Amour, District- Purnea 3.

Md. Mazhar Son Of Md. Firoz R/O Village- Dalmalpur, P.S.- Amour, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazher Alam For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Amour P.S. Case No. 174 of 2023 registered under sections 147, 148, 149, 341, 323, 442, 452, 302, 504, 506 and 427 of the Indian Penal Code.

Allegation against the petitioners along with other co-accused persons is that they assaulted the informant along with her family members. It is further alleged that co-accused Md. Daud assaulted the informant's husband on his head due to which he sustained injury and he died during the course of

Patna High Court CR. MISC. No.84443 of 2023(2) dt.09-01-2024 2/3 treatment.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to previous land disputes. Nothing specific allegation of assaulting against the petitioners rather the specific allegation of assaulting upon the informant's husband is against co-accused Md. Daud due to which the informant's husband died. General and omnibus allegation has been levelled against the petitioners. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 05.10.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Amour P.S. Case No. 174 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief

Patna High Court CR. MISC. No.84443 of 2023(2) dt.09-01-2024 3/3 Judicial Magistrate, Purnea.

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