Izharul Haque @ Md. Izhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23261 of 2024 Arising Out of PS. Case No.-57 Year-2023 Thana- BHEJA District- Madhubani ====================================================== Izharul Haque @ Md. Izhar son of Late Akalu Village- Mahpatiya Ps- Bheja Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate Mr. Gagandeo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in connection with Bheja P.S. Case No. 57 of 2023 registered under Sections 341, 323, 324, 307, 379, 354, 504 and 506/34 of the Indian Penal Code.
3. The prosecution story, in brief, is that on 15.06.2023 at 8:00 A.M., the FIR named accused persons including these petitioners were demolishing the wall of the house of informant. On protest by informant, all the accused persons assaulted the informant and others, on account of which, they sustained injuries.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.23261 of 2024(3) dt.21-06-2024 2/2 submits that petitioner is innocent and has falsely been implicated in the present case due to land dispute. It is further submitted that though there is allegation of assault on the head of the informant by means of farsa is against this petitioner but the doctor has found the injury simple in nature. Learned counsel further submits that similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 06.05.2024 passed in Cr. Misc. No. 17919 of 2024. Petitioner claims clean antecedent.
5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. -II, Jhanjharpur, Madhubani in connection with Bheja P.S. Case No. 57 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C .
(Prabhat Kumar Singh, J) utkarsh/- U T