Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44501 of 2021 Arising Out of PS. Case No.-478 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.

Md. Akbar S/O Md. Idrish 2.

Md. Sarfaraz S/O Md. Subhan, Both Are R/O Village-Chainsinghpatti, W.No. 5, P.S. And District-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2022 Heard learned counsel for the petitioners as well as learned APP for the state.

The petitioners apprehend their arrest in connection with Supaul P.S. Case No.478 of 2020, registered for the offence under Sections 341, 323, 307, 504/34 of the Indian Penal Code. Prosecution case in brief is that, twelve co-accused persons including the petitioners attacked at the house of the informant's house with various weapons. Thereafter, they started assaulting the family members of informant. Md. Akbar assaulted on the head of the victim, Md. Mushtaq by means of iron rod and Md. Sarfaraz assaulted on the head of the victim Sabana Khatoon by means of Dabiya.

Learned counsel appearing on behalf of the petitioners submit that petitioners are innocent and have committed no

Patna High Court CR. MISC. No.44501 of 2021(2) dt.23-03-2022 2/2 offence and have falsely been implicated in this case. He further submits that the present case is counter blast and the injuries are simple in nature. Learned counsel for the petitioners submit that due to village politics petitioners wee made accused in the present case while they were not present at the place of occurrence. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.478 of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Prakash Narayan /- U T