Inzmamul Haq @ Md Shan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19098 of 2021 Arising Out of PS. Case No.-198 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== INZMAMUL HAQ @ MD SHAN Son of Md. Chand Resident of Village - Gaddha, P.S.- Pupri, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2021 This anticipatory bail application is being heard today on the basis of the mention slip filed by the counsel for the petitioner on the ground that the petitioner has to appear in the practical examination of B.SC. First Year.

A supplementary affidavit has been filed in the court today, in support of the contention that earlier he has appeared in the written examinations of various subjects. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends his arrest in connection with

Patna High Court CR. MISC. No.19098 of 2021(2) dt.18-11-2021 2/3 Pupri P.S. Case No.198 of 2020, registered for the offence punishable under Sections 341, 323, 324, 307, 354, 325, 379, 504 and 34 of the Indian Penal Code.

The allegation against the petitioner and seven others is of being armed with various weapons and of assault on the informant's side. It is alleged that the petitioner had given blow on the head of the informant due to which he sustained three injuries on head.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No such occurrence as alleged ever took place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. It is submitted that the injuries are simple in nature, as per Annexure-2 series. He has one criminal antecedent and the similarly situated co-accused, namely, Md.Tasdik has been granted the privilege of anticipatory bail by a co-ordinate Bench of this court vide order dated 03.08.2021 passed in Cr. Misc. No.20516 of 2021.

Learned counsel for the State opposed the prayer for anticipatory bail.

Patna High Court CR. MISC. No.19098 of 2021(2) dt.18-11-2021 3/3 Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri, Sitamarhi, in connection with Pupri P.S. Case No.198 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T