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Patna High CourtCR. MISC./13748/2019allowed

Faizur Rahman @ Faijul Rahman v. The State Of Bihar

2019-03-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13748 of 2019 Arising Out of PS. Case No.-123 Year-2018 Thana- RANIGANJ District- Araria ====================================================== Faizur Rahman @ Faijul Rahman Son of Jamiluddin Resident of Village - Bistoriya Tola, Dumariya, P.S.- Raniganj, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 447, 341, 323, 379, 354(B), 307, 506, 504 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner assaulted the husband of the informant and his family members, due to which they sustained injuries. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. F.I.R. has been instituted after five days of the alleged occurrence. Delay has not been explained by the prosecution. There is land dispute between the parties. From the

Patna High Court CR. MISC. No.13748 of 2019(2) dt.07-03-2019 2/2 order sheet of the Sessions Court, it is evident that the nature of injury is simple.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Raniganj P.S. case No.123 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T