Ebaadat Hussain @ Ebadat Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19004 of 2025 Arising Out of PS. Case No.-164 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== Ebaadat Hussain @ Ebadat Ali, S/o Md. Ali, R/o Village- Belwai, P.S.- Karakat, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Singh, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Karakat P.S. Case No. 164 of 2024 dated 26.03.2024 instituted for the offence punishable under Sections 307, 379, 341, 323, 324, 325, 448, 506, 147, 148, 149 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date of occurrence, 13 co-accused persons armed with farsa, rama, sword and rifle entered the house and assaulted Md. Rizwan, cousin of the informant due to which he sustained injury on his head and also his hand and his leg got fractured.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that F.I.R. has been lodged against
Patna High Court CR. MISC. No.19004 of 2025(2) dt.16-04-2025 2/3 13 named accused persons. The petitioner is not named in the F.I.R. During investigation, the name of the petitioner has been added. The petitioner and the informant are the resident of the same village. No allegation is levelled by the informant against the petitioner. There is case and counter case between the parties. Counter case has been lodged by co-accused, Md. Abbas Ansari against the informant and his family members, in which four persons from the petitioner's side sustained injury. Allegation levelled against all named accused persons is general and omnibus. Learned counsel for the petitioner submits that four named accused persons have been granted anticipatory bail vide order dated 11.12.2024 passed by co-ordinate Bench of this Court in Criminal Miscellaneous Nos. 81962 of 2024 & 85033 of 2024. Lastly, it has been submitted that petitioner has one criminal case against him.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Karakat P.S. Case No. 164 of 2024, he will be released on bail upon furnishing bail
Patna High Court CR. MISC. No.19004 of 2025(2) dt.16-04-2025 3/3 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Bikramganj, District-Rohtas subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T