Md. Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31406 of 2025 Arising Out of PS. Case No.-184 Year-2024 Thana- BIHARIGANJ District- Madhepura ====================================================== Md. Anwar, son of Md. Zubair, Resident of Village- Sarauni Kala, Ward no. 14, P.S. -Bihariganj, District -Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-05-2025 Heard learned Advocate the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Bihariganj P.S. Case No. 184 of 2024 registered for the offences punishable under Sections 323, 324, 379, 307, 504, 506/34 of the Indian Penal Code.
3. It is alleged that the co-accused persons were indulged in making the minor children of the locality addicted for the drugs, the husband of the informant came to know about this fact, went to the house of co-accused Md. Zubair, whereupon, the petitioner along with others armed with weapons came there and allegedly the petitioner has given sword blow on the eye of the informant's husband, due to which he sustained serious injury. There is allegation of snatching of
Patna High Court CR. MISC. No.31406 of 2025(2) dt.16-05-2025 2/3 valuables.
4. Learned Advocate for the petitioner taking this Court through the F.I.R. contended that the alleged occurrence took place on 26.05.2024, but surprisingly the F.I.R. came to be lodged on 29.05.2024. It is the fact that neither any fardbeyan was recorded in the Primary Health Centre nor in any hospital, but a written report was handed over to the police and, as such, it appears that the informant's husband had not sustained serious injuries. The aforesaid fact is also fortified from the injury report, which suggests that injury sustained to him is found to be simple in nature. The present case is nothing, but a counter blast to the Bihariganj P.S. Case No. 182 of 2024, which came to be lodged by the mother of the petitioner, wherein the petitioner has sustained grievous injury. To support the aforesaid contention, the F.I.R. and the photograph of the injured have been placed on record. It is lastly contended that be that as it may, the petitioner is a man of fair antecedent and undertakes that he will fully cooperate in the proceedings of the court.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and
Patna High Court CR. MISC. No.31406 of 2025(2) dt.16-05-2025 3/3 counter case, coupled with the nature of simple injuries and delay in lodging of the F.I.R., let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 184 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T