Mansur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86067 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Mansur Alam Son of Maniruddin Resident of Village-Thuthi , Police station - Chautham , District Khagaria 2.

Sarbar Alam Son of Mansur Alam Resident of Village-Thuthi , Police station - Chautham , District Khagaria 3.

Dhrub Sah @ Dhrub Kumar Son of Natho Sah Resident of Village-Thuthi , Police station - Chautham , District Khagaria 4.

Ansur Alam@ Md. Masum Alam Son of Mansur Alam Resident of VillageThuthi , Police station - Chautham , District Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

Mr. Manoj Kumar, Adv.

Ms. Pooja Prasad, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506, 354B of the Indian Penal Code. 3.

As per FIR, the petitioners along with other co-accused persons assaulted the informant's side brutally. They also took away Rs. 4 lacs from dikki of the motorcycle belongs to the petitioner's side and looted household articles. 4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.86067 of 2024(2) dt.24-01-2025 2/3 the petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is totally false and based on concocted facts. Nothing specific has been attributed against them. There is an admitted land dispute between the parties. Both sides have filed cases against each other. Similarly situated co-accused have been enlarged on bail by this court vide order dated 18.11.2024 passed in Cr. Misc. No. 76187 of 2024. Petitioners have no criminal antecedent as mentioned in para-3 of this application. 5.

Learned APP for the State opposes the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, since there is an admitted land dispute between the parties and the similarly situated co-accused have been granted bail by this Court, 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 court below where the case is pending/Successor

Patna High Court CR. MISC. No.86067 of 2024(2) dt.24-01-2025 3/3 Court in connection with Chautham P.S. Case No.173 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482 (2) of the B.N.S.S, 2023. (Anjani Kumar Sharan, J) divyanshi/- U T