Fanam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18025 of 2024 Arising Out of PS. Case No.-84 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.
Fanam Son of Rahmuddin @ Rahmodin @ Rahamuddin Miya Resident of vill.-Phulwariya, P.S.-Manjhagarh, Distt.-Gopalganj 2.
Ramjan Son of Rahmuddin @ Rahmodin @ Rahamuddin Miya Resident of vill.-Phulwariya, P.S.-Manjhagarh, Distt.-Gopalganj 3.
Afjan @ Afjal Son of Rahmuddin @ Rahmodin @ Rahamuddin Miya Resident of vill.-Phulwariya, P.S.-Manjhagarh, Distt.-Gopalganj 4.
Jamjam Son of Rahmuddin @ Rahmodin @ Rahamuddin Miya Resident of vill.-Phulwariya, P.S.-Manjhagarh, Distt.-Gopalganj 5.
Ali Hussain Son of Rahmuddin @ Rahmodin @ Rahamuddin Miya Resident of vill.-Phulwariya, P.S.-Manjhagarh, Distt.-Gopalganj 6.
Rahmuddin @ rahmodin @ Rahamuddin Miya Son of late Ismail Resident of vill.-Phulwariya, P.S.-Manjhagarh, Distt.-Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyendra Rai For the Opposite Party/s :
Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-04-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioner no.1 to 5 are persons with clean antecedent and petitioner no.6 has antecedent of one case. It is further submitted
Patna High Court CR. MISC. No.18025 of 2024(2) dt.05-04-2024 2/3 that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that the accused persons including the petitioners came, while the informant on 15.03.2023 at about 8.00 P.M. was watching a Magic show in front of his door and assaulted him by knife causing injury on different parts of the body. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that no specific allegation of assault is alleged against any of the accused persons and thereafter draws the attention of the Court to Annexure-2 to the anticipatory bail application which is the injury report of the informant, wherein it is recorded that that the injury suffered by the injured is simple in nature caused by hard and blunt substance.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the
Patna High Court CR. MISC. No.18025 of 2024(2) dt.05-04-2024 3/3 case is pending/successor court in connection with Manjhagarh P.S. Case No.84/2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T