Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10010 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== MD. AKBAR S/o Md. Anwarul R/o village- Alafganj Bishanpur, P.S.- L.N.M.U., Distt- Darbhhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi For the Informant/s :

Mr. Padmanabh Kashyap For the State :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

As per prosecution case, on the alleged date of occurrence, when the informant was at his house, the accused persons including the petitioner armed with weapons forcibly entered in his house and started assaulting him due to which he sustained injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. It is

Patna High Court CR. MISC. No.10010 of 2023(2) dt.18-04-2023 2/2 further submitted that occurrence took place on 24.5.2022 but the FIR has been lodged in delay of four days on 28.5.2022 without any explanation. There is case and counter case, both parties sustained injuries as alleged in separate occurrences. Moreover, the petitioner is languishing in judicial custody since 27.10.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with L.N.M.U P.S. Case No. 163 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga. (Sunil Kumar Panwar, J) Amandeep/- U T