Hasmuddin @ Mintu @ Mithu Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84474 of 2019 Arising Out of PS. Case No.-276 Year-2017 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

HASMUDDIN @ MINTU @ MITHU MIAN S/O Kudus Mian Resident of Village - Khaira Asha, P.S. Baikunthpur, District - Gopalganj. 2.

Hasmuddin Mian S/O Hajarat Mian Resident of Village - Khaira Asha, P.S. Baikunthpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2019 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code. Informant in his written complaint has alleged that on 10.11.2017 at about 5:30 pm when he was at his cattle shed and looking after the buffaloes, 19 FIR named accused variously armed with iron rod entered his cattle shed and surrounded him and accused Taiyab Miyan, Kudus Miyan and Wakil Miyan ordered to kill him. Allegation against Hasmuddin (petitioner no. 1) is of inflicting sword blow on the head of informant and thereafter other FIR named accused assaulted him by iron rod.

Patna High Court CR. MISC. No.84474 of 2019(2) dt.19-12-2019 2/2 It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to land dispute between the parties. Similarly, situated coaccused persons have been granted anticipatory bail by coordinate benches of this Court as contained in Annexure- 4 series. Nature of injury has been stated to be simple in nature and subsequently matter has been compromised and good relation has been restored between the parties. Considering the aforesaid facts and circumstances of the case, let the petitioners named above in the event of their arrest or surrender before the court below within a period of four weeks, be released on anticipatory bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Baikunthpur P.S. Case No. 276 of 2017, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(S. Kumar, J) ranjan/- U