Md. Khalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19466 of 2021 Arising Out of PS. Case No.-181 Year-2020 Thana- JALALPUR District- Saran ====================================================== MD. KHALIL Son of Julfikar Hussain @ Julfikar Ali Resident of Village - Sabri, Police Station - Jalalpur, District - saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jalalpur P.S. Case no. 181 of 2020 instituted for the offence under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

The prosecution story in nutshell is that petitioner along with co-accused persons armed with lathi and danda have assaulted the members of the prosecution party. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.19466 of 2021(2) dt.16-12-2021 2/2 has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. There is case and counter case. Both parties have received injury. Injury received by the informant on parietal bone, is simple in nature. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jalalpur P.S. Case no. 181 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U