Md. Sarfaraz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16612 of 2023 Arising Out of PS. Case No.-53 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== Md. Sarfaraz Son of Md. Hasir R/O Vill.- Majhauliya, P.S.- Sakra, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsels for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 506, 307, 147, 148 and 140 of the Indian Penal Code. It is alleged that all the F.I.R. named accused persons including this petitioner, armed with weapons, lathi, danda, chilli powder and hot water, were constructing hut on the land of the informant and when the informant reached there, all of them assaulted him and threw hot water and chilli powder on him. Learned counsel appearing for the petitioner submits that on account of land dispute this alleged occurrence took place. Allegation of assault against the petitioner is general and omnibus. It is further submitted that similarly
Patna High Court CR. MISC. No.16612 of 2023(2) dt.19-05-2023 2/2 situated co-accused persons have already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 05.07.2022 passed in Cr. Misc. No. 52934 of 2021.
Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XII, Muzaffarpur in connection with Sakra P. S. Case No. 53 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T