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Patna High CourtCR. MISC./46246/2021allowed

Sonu Jain @ Irshad Ahmad Khan @ Md Sonu v. The State Of Bihar

2022-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46246 of 2021 Arising Out of PS. Case No.-103 Year-2021 Thana- LAHERIYASARAI District- Darbhanga ====================================================== SONU JAIN @ IRSHAD AHMAD KHAN @ MD SONU S/o Khurshid Ahmad Khan Resident of Vill/ Muhalla- Kathalwari, P.S.- L.N.M.U., DistDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Adv For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 324, 307, 364, 24 of the Indian Penal Code.

Allegedly, the petitioner alongwith other co-accused persons forcibly caught the brother of the informant and assaulted him by means of fist and knife and also carried him on motorcyle with them.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific

Patna High Court CR. MISC. No.46246 of 2021(6) dt.22-08-2022 2/2 rather general and omnibus in nature. His name transpired in the present case merely on the basis of suspicion. There is no specific overt act against the petitioner. He further submits that the injuries sustained by the injured are simple in nature, which is also evident from the injury report enclosed in the case diary. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner and the injuries are simple in nature, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Laheriasarai P.S. Case No.103 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T