Md. Harun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22040 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Md. Harun Md. Maniruddin Resident Of Village- Bhatkuriya Ward No 6 Latauna South Police Station Triveniganj District Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Wasi Akhtar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-06-2023 Heard Mr. Wasi Akhtar, learned counsel appearing on behalf of the petitioner and Mr. Arun Kumar Singh, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Triveniganj P.S. Case No. 147 of 2022 registered under Sections 147, 148, 149, 447, 427, 341, 323, ,324, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation made in the F.I.R. against the petitioner is that he had assaulted the informant as well as one Md. Ilayash.
Patna High Court CR. MISC. No.22040 of 2023(2) dt.24-06-2023 2/3
4. Learned counsel appearing on behalf of the petitioner submits that altogether six accused persons named in the F.I.R., but the allegation against them are general and omnibus. He further submitted that all the persons named in the F.I.R. have assaulted the informant and one Md. Ilayash, but only the injury sustained on the body of the Md. Ilayash has been found caused by hard and blunt substance while the injury report of informant is simple in nature. Learned counsel further submits that petitioner has clean antecedent.
5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the nature of allegation made in the F.I.R., general and omnibus allegation has been made against the petitioner and the injury sustained by victim is simple in nature. I am of the opinion that the petitioner has made out a case to be released on bail.
7. Court below is directed to release the petitioner above named on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the
Patna High Court CR. MISC. No.22040 of 2023(2) dt.24-06-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Triveniganj P.S. Case No. 147 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Manish/- minu/- U T