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Patna High CourtCR. MISC./2347/2023disposed

Tejamul Haque v. The State Of Bihar

2023-05-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2347 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

Tejamul Haque Son of Manaur Hussain R/v- Balesara, P.S.- Uchakagaon, District- Gopalganj 2.

Imamul Haque @ Md. Imamul Haque Son of Manaur Hussain R/vBalesara, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 At the outset, counsel for petitioners seeks permission to withdraw the anticipatory bail application with respect to Tejamul Haque petitioner no. 1.

Permission is granted. The anticipatory bail application with respect to Tejamul Haque petitioner no. 1 is dismissed as withdrawn.

Heard counsel for the petitioner, counsel for the informant and the State.

The petitioner no. 2 apprehends his arrest in a case registered for the offences punishable under Sections 307, 354(B) and other allied sections of the Indian Penal Code. As per the prosecution case, allegation against this

Patna High Court CR. MISC. No.2347 of 2023(2) dt.08-05-2023 2/2 petitioner is of commission of assault.

It is submitted that there is case and counter case. Both sides sustained injuries. Admittedly, there is land dispute between the parties. The doctor has found the injury attributed to this petitioner simple in nature. Petitioner claims clean antecedents.

Counsel for informant however, vehemently opposed the prayer for bail.

Considering the facts aforesaid, Imamul Haque @ Md. Imamul Haque petitioner no. 2, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 9th, Gopalganj in connection with Uchkagaon P.S. Case No. 223 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T