Patna High CourtCR. MISC./24771/2023bail granted

Md. Injar @ Md Inzar Alam v. The State Of Bihar

2023-07-19Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24771 of 2023 Arising Out of PS. Case No.-194 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== MD. INJAR @ MD INZAR ALAM S/O- MD. ATABUL R/o- Pratapnagar, Ward No. 10, P.s.-Chhatapur, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 325, 279, 354(B), 504, 506 and 34 of the Indian Penal Code.

3. The informant alleges that the accused persons were constructing building over his disputed land in defiance of the order of Circle Officer, thus on account of land dispute, it is alleged that the accused persons came and assaulted him, it is next alleged that Md. Mohsim assaulted Md. Ishaq by farsa causing injury on head and Sakeel assaulted him by an iron rod on his leg.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.24771 of 2023(2) dt.19-07-2023 2/3 petitioner is a person with clean antecedent.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that police after threadbare investigation came to a considered conclusion that the petitioner is innocent and thus submitted final form in favour of the petitioner but the learned Trial Court, differing with the police report, took cognizance by order dated 21.04.2022 as would be evident from Annexure 2 to the anticipatory bail application, it is next submitted that that when one investigating agency has found the petitioner to be innocent, would it be prudent to send the petitioner to jail at this stage.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chhatapur P.S. Case

Patna High Court CR. MISC. No.24771 of 2023(2) dt.19-07-2023 3/3 No. 194 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T