Mohammad Ishatiyak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29764 of 2025 Arising Out of PS. Case No.-169 Year-2024 Thana- KOTWALI District- Munger ====================================================== Mohammad Ishatiyak S/O Mohammad Imityaj R/O Vill.- Gulzar Pokhar, P.s.- Kotwali, Dist.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 354, 323, 307, 379, 504, 506 of the Indian Penal Code.

3. According to F.I.R., on 26.5.24 at about 7 PM, quarrel broke out between the grandson of informant and son of co-accused Md. Imityaj in front of the house of informant and when informant intervened, all the F.I.R. named accused persons including this petitioner assaulted informant and his family members by means of knife, pistol and lathi. It is further alleged that the accused persons also looted cash and gold jewellery.

4. Learned counsel for the petitioner submits that though petitioner is alleged to have assaulted informant with

Patna High Court CR. MISC. No.29764 of 2025(2) dt.16-07-2025 2/2 knife but doctor has found the injury caused by this petitioner to be simple in nature. It is further submitted that similarly situated co-accused has already been granted anticipatory bail by this Hon'ble Court vide order dated 25.03.2025 passed in Cr. Misc. No. 12142 of 2025. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the simple injury and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Munger in connection with Kotwali P. S. Case No. 169 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T