Md. Isha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29183 of 2021 Arising Out of PS. Case No.-224 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== MD. ISHA Son of Late Md. Roza, R/o Village - Baghi, Bishunpur, Madho, P.S. - Maniyari, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 147, 148, 149, 323, 324, 307, 379, 506/34 of the Indian Penal Code and Section 27 of Arms Act.

Informant has alleged in his fardbeyan that on 18.08.2019 while he was sitting at his door, FIR named accused came in his house and started firing from their respective guns. Co-accused Md. Mojahid entered into the house of the informant and attempted to outrage the modesty of the female members of the family. Co-accused Md. Jahid assaulted on the head of informant with iron rod, causing head injury and thereafter informant fell down and Md. Jahid

Patna High Court CR. MISC. No.29183 of 2021(2) dt.21-10-2021 2/2 assaulted with But of the pistol.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Except being named in FIR, there is no specific allegation of any overt act against the petitioner. Accused against whom there is allegation of firing have been granted bail by a coordinate Bench of this court as contained in Annexure -5. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Maniyari P.S. Case No. 224 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) Rajiv/veenaU T