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Patna High CourtCR. MISC./7660/2024allowed

Armaan Mian v. The State Of Bihar

2024-02-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7660 of 2024 Arising Out of PS. Case No.-169 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Armaan Mian, Son of Quabal Mian @ Md. Jabbar Ali, Resident of VillageKarma Tand, P.O.- Kadhar, P.S.- Kauakol, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kishore For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Kauakol P.S. Case No. 169 of 2023 registered for the offences punishable under Sections 341, 323, 308, 504, 506, 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other accused persons have come on the land of the informant and started cutting crops and on protest of the informant, accused persons assaulted the informant with iron rod, sword and gadasa and when informant's brother came to save, Md. Saddam and Vikki Alam assaulted him by sword.

4. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. Specific allegation in the FIR is against Md. Saddam and Vikki

Patna High Court CR. MISC. No.7660 of 2024(2) dt.19-02-2024 2/2 Alam. There is land dispute between the parties and the petitioner has been falsely implicated in this case due to that reason. He further submits that similarly situated co-accused have already been granted anticiptory bail by a coordinate Bench of this Court vide order dated 18.10.2023 passed in Cr. Misc. No. 64501 of 2023. Petitioner has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Kauakol P.S. Case No. 169 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T