Md. Ladale @ Iftekhar @ Md. Iftekhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3443 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.
MD. LADALE @ IFTEKHAR @ MD. IFTEKHAR S/o- Late Noor Hasan @ Mohammad Noorhasan @ Md. Nurhasan Village- Madhuban Got W.No6, Madhuban Basaha Bajpatti Ps- Bajapatti Dist- Sitamarhi 2.
Md. Imteyaz S/o- Late Noor Hasan @ Mohammad Noorhasan @ Md. Nurhasan Village- Madhuban Got W.No-6, Madhuban Basaha Bajpatti PsBajapatti Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Abu Nasar, Advocate For the State :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 448, 341, 323, 324, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 16.06.2024 at about 8 PM, all the accused persons named in the F.I.R., including these petitioners, armed with iron rod, hockey stick and chhura, entered into house of informant by breaking gate and started misbehaving with her minor daughter and tried to take her away. Upon protest, all the accused persons brutally assaulted informant and her husband by means of iron rod and
Patna High Court CR. MISC. No.3443 of 2025(2) dt.19-02-2025 2/3 danda. It is further alleged that all the accused persons looted cash of Rs. 50,000/- and other household articles.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. As a matter of fact, due to existing land dispute between the parties a scuffle took place in which both sides sustained injuries. As per F.I.R., the alleged incident took place on 16.06.2024, however, the F.I.R. has been lodged after inordinate delay of 11 days on 27.06.2024 and there is no plausible explanation for the same. It is further submitted that earlier, informant had preferred an application before the S.H.O., Baparri Police Station on 24.06.2024 for the alleged crime committed on 16.06.2024 against Petitioner No. 1 and one Md. Saad, on the basis of which Bajpatti P.S. Case No. 174 of 2024 was registered for the offences punishable under Sections 341, 323, 324, 325, 504, 506 and 34 of the Indian Penal Code but Petitioner No. 2 was not named and being dissatisfied, this false and concocted case has been lodged for the same occurrence. Doctor has found the injures sustained by the injured to be simple in nature.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the
Patna High Court CR. MISC. No.3443 of 2025(2) dt.19-02-2025 3/3 petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation, delay in lodging of the F.I.R. and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., Sitamarhi at Purpri in connection with Bajpatti P.S. Case No. 178 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T