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Patna High CourtCR. MISC./12929/2023allowed

Md. Sabiullah Uzair @ Md. Sabi Uzair v. The State Of Bihar

2023-05-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12929 of 2023 Arising Out of PS. Case No.-748 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Md. Sabiullah Uzair @ Md. Sabi Uzair Son Of Uzair Mian @ Uzair Ahmad @ Md. Uzair R/O Shekhalam Chak, P.S.- Jehanabad, District- Jehanabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, the petitioner is said to have assaulted the informant by means of sword on his head as a result of which he sustained injury.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the injury upon the informant, was found

Patna High Court CR. MISC. No.12929 of 2023(2) dt.11-05-2023 2/2 simple in nature, as enclosed in Annexure-2 of the bail application. He further submits that both the parties have compromised the case and have filed the joint compromise petition in the learned court below. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the nature of the injury, 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 Jehanabad P.S. Case No. 748 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T