Saukat Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36331 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== Saukat Ali S/O Sahab Jan Miyan Resident Of Village- Tiwari Tola, P.S.- Bairiya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 504/34 of the Indian Penal Code.
The prosecution case as per F.I.R is that all the accused persons including petitioner, variously armed came and started assaulting the informant and when father of the informant came to his rescue, he was also assaulted by the accused persons. It is specifically alleged against the petitioner that he assaulted with farsa on the head of the informant, as a result of which, the informant sustained head injuries. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in
Patna High Court CR. MISC. No.36331 of 2022(2) dt.29-11-2022 2/2 the present case. There is an unexplained delay of about five days in lodging the F.I.R. It is also submitted that in the background of some land dispute, the present occurrence took place. There is counter version of the occurrence also and petitioner's side also received injuries. It appears from the perusal of injury report, annexed as Annexure 3 of this application, that injury sustained by the informant is simple in nature.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bairiya P.S. Case No. 54 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) nirajkrs/- U T