IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79810 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- PAHARKATTA District- Kishanganj ====================================================== 1. Master S/O Aeti Hussain @ Mati Hussain R/O- Fulhara, Ward No. 03, P.S- Paharkatta, Dist- Kishanganj. 2. Hamid @ Abdul Hamid S/O Mati Hussain @ Aeti Hussain R/O- Fulhara, Ward No. 03, P.S- Paharkatta, Dist- Kishanganj. 3. Ekbal @ Akbal S/O Hamid R/O- Fulhara, Ward No. 03, P.S- Paharkatta, Dist- Kishanganj. 4. Anwarul S/O Numan R/O- Fulhara, Ward No. 03, P.S- Paharkatta, Dist- Kishanganj. 5. Najira S/O Ajeem R/O- Fulhara, Ward No. 03, P.S- Paharkatta, Dist- Kishanganj. 6. Noman S/O Mati Husain @ Aeti Hussain R/O- Fulhara, Ward No. 03, P.S- Paharkatta, Dist- Kishanganj. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 83306 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- PAHARKATTA District- Kishanganj ====================================================== 1. Hakimuddin son of Late Haifuddin Resident of village- Fulhara, ward no. 03 PS- Paharkatta- District, kishanganj 2. Pasiruddin @ Peshru @ Pazir S/O Late Haifuddin Resident of village- Fulhara, ward no. 03 PS- Paharkatta- District, kishanganj ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6469 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- PAHARKATTA District- Kishanganj ====================================================== 1. Md. Paziruddin @ Pazir @ Paziruddin S/o Haifuddin R/o vill - Phulhara, ward no. 3, P.S.- Paharkatta, Distt.- Kishanganj 2. Tousif @ Touquir Hussain S/o Tahir R/o vill - Phulhara, ward no. 3, P.S.- Paharkatta, Distt.- Kishanganj Patna High Court CR. MISC. No.79810 of 2024(4) dt.27-03-2025 2/4 3. Shahnaz Begum @ Shahnaz W/o Pesru R/o vill - Phulhara, ward no. 3, P.S.- Paharkatta, Distt.- Kishanganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 79810 of 2024) For the Petitioner/s : Mr. Ansul, Sr. Advocate : Mr. Anuj Kumar, Adv. For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP (In CRIMINAL MISCELLANEOUS No. 83306 of 2024) For the Petitioner/s : Mr. Radha Mohan Singh, Adv. For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP (In CRIMINAL MISCELLANEOUS No. 6469 of 2025) For the Petitioner/s : Mr. Radha Mohan Singh, Adv. For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 4 27-03-2025 All three Cr. Misc. applications have arisen out of the same occurrence, as such, they are heard together and are being disposed of by passing this common order. 2. Heard the learned counsel for the parties. 3. The petitioners are apprehending their arrest in connection with Paharkatta P.S. Case No. 78 of 2024 for the offence under Sections 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2) and 352 of the Bharatiya Nyaya Sanhita. 4. Prosecution case in brief is that informant submitted his written report alleging therein that on 04.08.2024 at about 8:30 a.m., the petitioners and co-accused persons were Patna High Court CR. MISC. No.79810 of 2024(4) dt.27-03-2025 3/4 ploughing his (informant) land in illegal manner. When he got information in this regard, his brother Roshan Ali, Babul and Afsar forbade the tractor driver to plough the land, then the accused persons including the petitioners started abusing and assaulting his brother. All the accused persons assaulted his brothers Rosahn Ali, Babul and Afsar on the order of co-accused Hakimuddin. The co-accused Anwar assaulted his brother Roshan Ali with axe on his head repeatedly. The co-accused Gadu and Majhar assaulted Babul and Afsar with iron rod upon their head. 5. Learned counsel for the petitioner submits that petitioners are quite innocent, committed no offence and have falsely been implicated in this case. The entire prosecution case is false, fabricated and concocted. There is an inordinate delay in lodging of FIR. The incident took place on 04.08.2024 and informant lodged FIR on 05.08.2024. He further submits that there is no specific allegation against the petitioners. All allegation leveled against the petitioners is general and omnibus in nature. 6. Learned counsel for the informant as well as Additional Public Prosecutor for the State opposed the bail application of petitioners. Patna High Court CR. MISC. No.79810 of 2024(4) dt.27-03-2025 4/4 7. During course of argument learned counsel for the petitioners submits that there is a land dispute between the parties and process under section 144 Cr.P.C. is also going on between them. There is no specific allegation against the petitioners. Allegations against them are general and omnibus in nature. 8. Keeping in view the aforesaid fact, this Court is inclined to enlarge the petitioners on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M. III, Kishanganj in connection with Paharkatta P.S. Case No. 78 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. prabhakar/- (S. B. Pd. Singh, J) U T