Md. Etwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12312 of 2023 Arising Out of PS. Case No.-395 Year-2022 Thana- FALKA District- Katihar ====================================================== 1.

Md. Etwari Son Of Md. Fokan @ Fakhruddin R/O Village - Dayalpur, P.S.- Falka, Dist.- Katihar.

2.

Kamil @ Md. Kamil Son Of Md. Fokan @ Fakhruddin R/O Village - Dayalpur, P.S.- Falka, Dist.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 506, 504 and 34 of the Indian Penal Code. As per the prosecution case, the petitioners along with other co-accused persons arrived at the land of informant with an intention to possession over the same, on objection they assaulted the informant.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.12312 of 2023(2) dt.27-04-2023 2/2 against the petitioners is not specific rather general and omnibus in nature. He submits that the injury caused upon the informant found simple in nature. No injury has been ascertained against the daughter of the informant. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that injury was found simple in nature, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Falka P.S. Case No.395 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T