Md. Hasib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21799 of 2022 Arising Out of PS. Case No.-593 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== MD. HASIB Son of Nanan Bakho @ Md. Sharif Resident of Village - Naya Tola Madhopur, Thana - Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan Sinha, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 308 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the informant alleges that petitioner assaulted him by a rod causing injury on head, further his sons were also assaulted by the family members of the petitioner and the reason for the occurrence is refusal by the informant to sell liquor.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in

Patna High Court CR. MISC. No.21799 of 2022(2) dt.03-11-2022 2/3 the FIR it would manifest that the informant has alleged that he was assaulted on head by an iron rod causing injury but the injury suffered by the injured is simple in nature as it has been specifically pleaded at paragraph '12' of the anticipatory bail application, it is further submitted that as far as allegation of assaulting the sons of the informant is alleged, the same is ornamental as no injury was suffered by them. Learned counsel further submits that it has also been specifically pleaded that as far as allegation of refusal by the informant to sell liquor leading to the occurrence is alleged, the same is false rather informant has a shop and he sells liquor which was being objected by the petitioner on account of which the present occurrence took place Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bakhtiyarpur

Patna High Court CR. MISC. No.21799 of 2022(2) dt.03-11-2022 3/3 P.S. Case No. 593 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T