Md. Ibrahim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11851 of 2023 Arising Out of PS. Case No.-121 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== MD. IBRAHIM SON OF AMIRUL HAQUE R/O VILLAGE- MIRSHIKAR TOLA, WARD NO.20, P.S.- TOWN, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 504, 506, 354, 379, 34 IPC. Allegedly, petitioner and other accused persons went to the house of informant and on the order of Md. Amirul, petitioner assaulted on the head of informant with iron rod. Thereafter, petitioner assaulted the wife of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. For the alleged occurrence, there is case and counter-case between the parties. Earlier, the petitioner has filed a case, thereafter, the present

Patna High Court CR. MISC. No.11851 of 2023(2) dt.18-05-2023 2/2 case has been filed by the informant. It is further submitted that the injury was found simple in nature, though in the impugned order, the nature of injury is not mentioned but the dimension is mentioned and a Title Suit bearing No.425 of 2017 is pending between the parties in the Court below.

Learned APP for the State opposed the prayer for bail. 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 court below where the case is pending/Successor Court in connection with Town P.S. Case No.121 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T