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Patna High CourtCR. MISC./38303/2023allowed

Md Monu @ Gulam Izdani v. The State Of Bihar

2023-08-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38303 of 2023 Arising Out of PS. Case No.-382 Year-2021 Thana- AMARPUR District- Banka ====================================================== Md Monu @ Gulam Izdani Son Of Md. Islam Resident Of VillageMahgama, Ps- Amarpur, Distt- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 353, 354, 427 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner along with other accused persons committed mar-pit with the informant and his staff and also damaged the equipment kept inside the hospital.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the FIR and merely on the basis of suspicion during the course of investigation he has been

Patna High Court CR. MISC. No.38303 of 2023(2) dt.01-08-2023 2/2 made accused in the present case. He further submits that the informant has filed an application dated 10.08.2021, before the SHO, Amarpur, in regard to withdraw the present case as compromise has taken place between the parties. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, 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 connection with Amarpur P.S. Case No. 382 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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