Mustufazur Rahman @ Md. Mustafizur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32324 of 2022 Arising Out of PS. Case No.-155 Year-2020 Thana- LAURIA District- West Champaran ====================================================== MUSTUFAZUR RAHMAN @ MD. MUSTAFIZUR RAHMAN Son of Late Mister Resident of Village - Kandhwaliya, P.S.- Lauriya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-10-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 379 & other allied sections of the Indian Penal Code.

The case of the prosecution in brief is that on the alleged date and time of occurrence, while the informant was coming back to home and had reached near the house of Sheikh Rais, all the F.I.R. named accused persons including this petitioner surrounded him, whereupon co-accused Ekhlakh Rahman assaulted the informant on his chest by knife. It is further alleged that other co-accused persons also assaulted the informant and his cousin (uncle's son).

It is submitted on behalf of petitioner that specific accusation of assault by knife is against co-accused Ekhlakh

Patna High Court CR. MISC. No.32324 of 2022(2) dt.10-10-2022 2/2 Rahman and so far as petitioner is concerned, there is general and omnibus allegation against him. There is case and counter case. Similarly situated co-accused Md. Quaish Nawaj and Md. Imran have already been granted anticipatory bail by a coordiante Bench of this Court, vide order dated 06.06.2022 passed in Cr.Misc. No. 59301 of 2021. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 A.C.J.M.-I, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 155 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T