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Patna High CourtCR. MISC./4421/2024allowed

Md. Bismillah @ Noor Mohammad v. The State Of Bihar

2024-02-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4421 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Md. Bismillah @ Noor Mohammad Son of Phulwa Resident of VillageAmirganj, Rajak Tola, P.S.- Pandaul, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 448, 341, 323, 324, 307, 504, 506 read with 34 of the IPC.

3.

Allegedly, the petitioner along with other F.I.R. named accused persons are said to have abused and assaulted the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.4421 of 2024(2) dt.17-02-2024 2/2 general and omnibus in nature. The specific allegation to assault the informant with knife is against the co-accused Md. Gafoor. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Madhubani (Town) P.S. Case No.350 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T