Md. Istiyak @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7042 of 2022 Arising Out of PS. Case No.-301 Year-2020 Thana- RANIGANJ District- Araria ====================================================== MD. ISTIYAK @ MUNNA Son of Late Wali Mohammad Resident of Village- Kala Baluwa, Ward No. 10, P.S. - Raniganj, Dist - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354(B), 379, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

The informant alleges that on account of family feud, the occurrence took place and on the orders of Ayub accused Md. Istiyak @ Munna assaulted Md. Habib, the father of the informant by farsa causing injury on his head. When the brothers of the informant came to save their father, the accused persons assaulted them by fists, kicks and rods and further informant and his brothers also sustained injuries on their head due to farsa blow.

Patna High Court CR. MISC. No.7042 of 2022(2) dt.30-08-2022 2/2 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and the police after investigation submitted charge-sheet under bailable section but the learned trial court differing with the police report took cognizance under various sections of the Indian Penal Code including Section 307 of the Indian Penal Code.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the police after investigation submitted chargesheet under bailable sections, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Raniganj P.S. Case No. 301 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T