Md. Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1327 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- BARSOI District- Katihar ====================================================== 1.

Md. Anwar SON OF AKIM Resident of Village Govindpur, P.S. Barsoi, District- Katihar 2.

Md. MANOWAR@ MANOWAR SON OF AKIM Resident of Village Govindpur, P.S. Barsoi, District- Katihar 3.

DAMRU SON OF HAIDER ALI Resident of Village Govindpur, P.S. Barsoi, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Musowir For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-02-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Barsoi P.S. Case No. 25 of 2023, registered for the offences punishable u/s 341, 323, 354, 379, 307, 504/34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners along with the other co-accused persons armed with deadly weapons

Patna High Court CR. MISC. No.1327 of 2024(2) dt.12-02-2024 2/3 like lathi, knife and danda came to the informant field and assaulted the informant's wife and sister due to which they became injured. The specific allegation upon petitioner no. 2 is that he assaulted with knife on the head of the informant's wife. The accused persons also snatched ornaments from the informant's wife.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. It is further stated that there is admitted land dispute between both the parties. There is a case and counter case between the parties. It is further stated that there is no specific allegation against the petitioners rather the allegation is general and omnibus in nature. It is further stated that injuries are found to be simple in nature stated in para 12 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case and the nature of allegations against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be

Patna High Court CR. MISC. No.1327 of 2024(2) dt.12-02-2024 3/3 enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Barsoi P.S. Case No. 25 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T