Patna High Court - Orders
Md. Imtiyaz @ Guddu vs The State Of Bihar on 4 April, 2024
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21679 of 2024
Arising Out of PS. Case No.-143 Year-2023 Thana- MURLIGANJ District- Madhepura
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1. Md. Imtiyaz @ Guddu Md. Azim R/o Vill - Parwa, Ward No. 5, P.S. -
Murliganj, Dist. - Madhepura.
2. Md. Razzaque @ Md. Rajak S/o Late Imam Ali R/o Vill - Parwa, Ward No.
5, P.S. - Murliganj, Dist. - Madhepura.
3. Md. Anwar S/o Md. Razzaque R/o Vill - Parwa, Ward No. 5, P.S. -
Murliganj, Dist. - Madhepura.
4. Md. Sadra @ Sadre S/o Md. Razzaque R/o Vill - Parwa, Ward No. 5, P.S. -
Murliganj, Dist. - Madhepura.
5. Md. Nizam S/o Late Imam Ali R/o Vill - Parwa, Ward No. 5, P.S. -
Murliganj, Dist. - Madhepura.
6. Md. Nabij @ Md. Nawij S/o Md. Yunus R/o Vill - Parwa, Ward No. 5, P.S. -
Murliganj, Dist. - Madhepura.
7. Md. Sabab S/o Md. Nizam @ Md. Azim R/o Vill - Parwa, Ward No. 5, P.S. -
Murliganj, Dist. - Madhepura.
8. Md. Hafiz @ Md. Haphij S/o Md. Yunus R/o Vill - Parwa, Ward No. 5, P.S. -
Murliganj, Dist. - Madhepura.
9. Md. Khalid S/o Md. Yunus R/o Vill - Parwa, Ward No. 5, P.S. - Murliganj,
Dist. - Madhepura.
10. Md. Kadir S/o Md. Yunus R/o Vill - Parwa, Ward No. 5, P.S. - Murliganj,
Dist. - Madhepura.
11. Md. Sultan S/o Md. Yunus R/o Vill - Parwa, Ward No. 5, P.S. - Murliganj,
Dist. - Madhepura.
12. Md. Azad S/o Md. Nizam R/o Vill - Parwa, Ward No. 5, P.S. - Murliganj,
Dist. - Madhepura.
13. Sabina Khatoon @ Samina Khatoon W/o Md. Nizam R/o Vill - Parwa, Ward
No. 5, P.S. - Murliganj, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Rabia Gulnaz, Advocate
Ms. Shabina Talat, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-04-2024Heard learned counsel for the petitioners and learned Patna High Court CR. MISC. No.21679 of 2024(2) dt.04-04-2024 2/4 A.P.P. for the State.
02. In the present case, the petitioners are apprehending their arrest in connection with Murliganj P.S. Case No. 143 of 2023, registered for the alleged offence under Sections 341, 323, 324, 384, 379, 354(B), 504, 506, 447, 147 of the Indian Penal Code.
03. As per prosecution case, altogether 23 accused persons including these petitioners, who were variously armed, forcibly cut the wheat crop of the informant and assaulted the informant and female members of her family and took away cash and ornaments from them.
04. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. Land dispute is apparent from the FIR and the entire prosecution story is absurd, improbable, malafide and concocted. The FIR has been lodged after much delay and this shows afterthought and deliberation as for an occurrence of dated 09.04.2023, FIR has been lodged on 13.04.2023 without any explanation for the delay. Even the police after investigation did not find the case true under Sections 354(B) and 384 of IPC and non-bailable offence remains under Section 379 of IPC, which appears to be super-addition. Learned counsel further Patna High Court CR. MISC. No.21679 of 2024(2) dt.04-04-2024 3/4 reiterated that there is bonafide land dispute between the parties and the land in question was never under the share of the informant. Prior to filing of the present case, Murliganj P.S. Case No. 64 of 2023 under Sections 147, 341, 323, 379, 447, 354(B), 504, 506 of IPC has been registered against the informant side by co-accused Md. Salim. In retaliation thereof, the present case has been lodged. The dispute is between the parties over ancestral land and the informant has no share in the said land and the present case has been lodged as a pressure tactics. Learned counsel further submits that petitioner nos. 4 and 8 to 12 are having clean antecedent whereas other petitioners have been made accused in Murliganj P.S. Case No. 52 of 2023 in which, they are all on bail.
05. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail. Learned APP submits that the petitioners tried to strangulate the informant and also tried to outrage the modesty of the female members of her family. They also took away cash from the victims and tried to open fire.
06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the delay in lodging the FIR and the background of land dispute and further considering the possibility of false implication, let the Patna High Court CR. MISC. No.21679 of 2024(2) dt.04-04-2024 4/4 petitioners above named, in the even of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Madhepura/concerned court in connection with Murliganj P.S. Case No. 143 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) Ashish/-
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