Mannu Khan @ Md.Asgar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27436 of 2023 Arising Out of PS. Case No.-416 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== MANNU KHAN @ MD.ASGAR SON OF LATE KASIM HUSSAIN KHAN RESIDENT OF VILLAGE- SHAHSUPAN, PS- LAHERIASARAI, (KOTWALI OP) DISTT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-07-2023 Heard Mr. Girish Chandra Jha, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Laheriasarai (Kotwali OP) PS Case No. 416/2022 dated 26.08.2022 registered for the offence punishable under Sections 448, 341, 323, 307, 504/34 of the IPC.

3. As per prosecution story, the petitioner has allegedly, assaulted the informant and his cousin brother by means of iron rod due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the informant is tenant of the petitioner and there is a dispute with regard to tenancy between them. It has further been submitted that the injury caused to the cousin brother of the informant is simple in nature which would be evident from Annexure-4. The

Patna High Court CR. MISC. No.27436 of 2023(2) dt.12-07-2023 2/2 injury caused to the informant has not been brought on record by the prosecution. A counter case has also been filed by the side of the petitioner bearing Laheriasarai PS Case No. 417/2022 (Annexure-3).

5. Regards being had to the submissions made by the parties, taking into consideration the fact that there is a land dispute between the parties, there is case and counter case between them and the injury caused to the cousin brother of the informant is simple in nature and the injury caused to the informant has not been brought on record, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, MANNU KHAN @ MD. ASGAR, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai (Kotwali OP) PS Case No. 416/2022, subject to the condition as laid down under Section 438(2) CrPC. (Anil Kumar Sinha, J) perwez U T