Md. Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14836 of 2024 Arising Out of PS. Case No.-159 Year-2023 Thana- BAUNSI District- Araria ====================================================== Md. Hussain Son of Abdul Gafur Resident of village - Latahari Ward No.- 07, Panchayat - Ghoghri, Police Station - Bousi, District - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mrs. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bousi P.S. Case No. 159 of 2023 for the offence punishable u/s 307, 147, 149, 341, 323, 324, 379, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and other accused persons in the backdrop of land dispute, assaulted the informant with lathi, fists etc. When his brother and son came for his rescue, the petitioner and others assaulted them with sharp weapon and iron rod causing injuries on different body parts of the victim.
Patna High Court CR. MISC. No.14836 of 2024(2) dt.14-03-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegation against all the FIR named accused persons including this petitioner. The injury report of the injured shows simple and grievous injury. There is no specific overt act attributed to the petitioner. There is counter version to the alleged occurrence and Bousi P.S. Case No. 160 of 2023 has been registered against the informant's side under Section 307 and other allied sections of the IPC. Petitioner's side also received injuries for which there is no explanation. The petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and considering the case and counter case between the parties and further considering non-serious nature of injuries, let the petitioner above named, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Araria in connection with Bousi P.S. Case No. 159 of 2023, subject to
Patna High Court CR. MISC. No.14836 of 2024(2) dt.14-03-2024 3/3 conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Arun Kumar Jha, J) Prakash/- U