Azhar Aquil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7323 of 2023 Arising Out of PS. Case No.-368 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

AZHAR AQUIL S/O MD. HASIM Resident of Village- Mohni Sakrauli, P.S.- Nanpur, District- Sitamarhi.

2.

MUSARRAF AQUIL @ MOSARRAF AQUIL S/O MD. HASIM Resident of Village- Mohni Sakrauli, P.S.- Nanpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, Advocate For the informant :

Mr. Shankar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nanpur PS case no. 368 of 2022, registered for the offences punishable under Section 354 and other allied sections of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein having attacked the informant and his family members and assaulted them by Khanti and butt of the gun.

The learned counsel for the petitioners submits

Patna High Court CR. MISC. No.7323 of 2023(2) dt.18-05-2023 2/3 that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. The learned counsel for the petitioners has further submitted that the injuries found on the person of the informant, attributable to the petitioners, have been found to be simple in nature and the same can be verified by the learned trial court.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the categorical statement made by the learned counsel for the petitioners to the effect that the injury found on the person of the informant, attributable to the petitioners, are simple in nature, though I deem it fit and appropriate to direct for release of the petitioners on bail, however, subject to verification of the injury report and criminal antecedent of the petitioners by the learned court of SubDivisional Judicial Magistrate, Sitamarhi in connection with Nanpur PS case no. 368 of 2022 and further subject to such other conditions as may be deemed fit and appropriate to be imposed by the learned trial court for the

Patna High Court CR. MISC. No.7323 of 2023(2) dt.18-05-2023 3/3 purposes of grant of bail.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T