Md. Washi @ Washi Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17045 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== MD. WASHI @ WASHI AHMAD Son of Late Abdul Jabbar Resident of Gram- Blaat, P.S.- Rahika, District- Madhubani, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Narayan For the State :

Mr.Aditya Narayan Singh.1 For the informant :

Mr. Virendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-05-2023 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor representing the State.

This application, for grant of anticipatory bail, arises out of Rahika Police Station Case No. 184 of 2022, dated 13.09.2022, disclosing offences punishable under Sections 341/323/324/308/504/34 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that the petitioner has allegedly assaulted the nephew of the informant by means of sword, due to which he sustained injury near his neck.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to

Patna High Court CR. MISC. No.17045 of 2023(2) dt.29-05-2023 2/3 previous enmity inasmuch as the First Information Report was lodged by the side of the petitioner against the informant and others, bearing Aunsi Police Station Case No. 226 of 2022. He next submits that the injury caused to the injured is simple in nature.

On the other hand, learned Counsel for the informant submits that the petitioner has concealed his criminal antecedent inasmuch as earlier, in the year 2013, a criminal case has been lodged against him.

Regards being had to the submissions advanced on behalf of petitioner and taking into consideration the nature of dispute and the fact that the injury caused to the injured is simple in nature and the First Information Report lodged by the side of the petitioner is prior in time to the present First Information Report, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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

Patna High Court CR. MISC. No.17045 of 2023(2) dt.29-05-2023 3/3 Chief Judicial Magistrate, Madhubani, in connection with Rahika Police Station Case No. 184 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √