Jasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46440 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- TARABARI District- Araria ====================================================== Jasim S/o Yasin R/o Village Jhamta, Bansbari, Ward No. 10, P.S Tarabari, District Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar Singh For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-04-2022 Heard both sides through video conferencing.

The petitioner apprehends his arrest in Tarabari P.S. Case No.43 of 2021, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

On 28.03.2021, the petitioner along with other coaccused persons variously armed with different weapons started assaulting the informant side. The petitioner is said to have assaulted Akram by means of farsa causing head injury. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is case and counter case between the parties and both sides sustained injuries. The injuries are simple in nature and the petitioner has got no criminal antecedent as stated

Patna High Court CR. MISC. No.46440 of 2021(2) dt.22-04-2022 2/2 in paragraph 3 of the bail application.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioner and submits that the learned court below has rejected the prayer of bail of the petitioner on the ground that injury of Akram has been found to be sharp cut, upon his forehead.

Considering the facts that there is case and counter case between the parties, both sides sustained injuries and the fact that the petitioner has got no criminal antecedent, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Tarabari P.S. Case No.43 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T