Md. Tauhid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21013 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- BEERPUR District- Begusarai ====================================================== 1.

MD. TAUHID S/o Md. Ishrafil R/o village- Sikraula, Masjid Tola, Ward No. 14, P.S.- Birpur, District- Begusarai 2.

Md. Ishamul S/o Late Md. Miyan @ Late Md. Ali @ Md. Miyan R/o village- Sikraula, Masjid Tola, Ward No. 14, P.S.- Birpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Birpur P.S. Case no. 95 of 2021 instituted for the offence punishable under Sections 147, 341, 323, 379, 385, 354A, 308 of the Indian Penal Code.

It is a case of assaulting the informant by the accused persons including the petitioners as a result of which informant has received head injury and hand fracture.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.21013 of 2022(2) dt.21-09-2022 2/2 no offence. They have got no criminal antecedent. There is case and counter case. In lodging the FIR, there is unexplained delay of 11 days, which falsify the prosecution story. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Birpur P.S. Case no. 95 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, VI, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U