Md. Ali Akbar @ Ali Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12496 of 2024 Arising Out of PS. Case No.-228 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Md. Ali Akbar @ Ali Akbar S/O Nasurullah R/O VILLAGE- SEMRAHIYA, P.S.- CHHAURADANO, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-03-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chhauradano Police Station Case No. 228 of 2023, disclosing offences under Sections 341, 323, 342, 308, 379, 504, 34 of the Indian Penal Code.

3. As per the First Information Report, on 08.07.2023, due to previous dispute, between the petitioner and the informant, the accused persons pulled the informant inside the graveyard and brutally assaulted him and also snatched Rs. 10,000/- from his pocket. It has been alleged that the petitioner pulled out knife from his pocket and threatened the informant and also pressed his neck with his legs.

4. Learned Counsel for the petitioner submits that the petitioner is having no criminal antecedent and there is previous enmity between the parties. The doctor has

Patna High Court CR. MISC. No.12496 of 2024(2) dt.14-03-2024 2/2 found the injury as simple in nature which would be evident from the impugned order.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers having previous enmity, the injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail 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, Raxual, East Champaran, Motihari, in connection with Chhauradano Police Station Case No. 228 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T