Md. Mokhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20098 of 2021 Arising Out of PS. Case No.-1072 Year-2019 Thana- NAWADA District- Nawada ====================================================== MD. MOKHTAR S/o- Md. Kamru Resident of Village- Mori Dargah Bhadauna, P.S.- Nagar, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nawada Town P.S. Case no. 1072 of 2019 instituted for the offence under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, several accused persons including the petitioner armed with iron rod, hockey stick, lathi, danda etc. entered into the house of the informant and started hurling abuses. Petitioner has assaulted with iron rod on her head and she fell down. When her devar and daughter came there for her rescue, they were also beaten up by them brutally. On hulla, villagers came there then all the accused persons fled away.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.20098 of 2021(4) dt.09-03-2022 2/2 has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. As per injury report, informant has received sharp cut injury, which is not possible by iron rod. There is no allegation of repeating the blow. Over a petty dispute regarding children fight, the occurrence has taken place.

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 Nawada Town P.S. Case no. 1072 of 2019, 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, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U