Md.Akbar Ali @ Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38079 of 2022 Arising Out of PS. Case No.-331 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== MD.AKBAR ALI @ MD. AKBAR Son of Md. Abdul Majid Resident of village- Nahraniya, P.S.- Harlakhi, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the State :

Mr. H.A. Khan, APP For the Informant :

Mr. Shailendra Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the informant.

The petitioner apprehends his arrest in connection with Harlakhi P.S. Case No.331 of 2021, registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.

The petitioner is said to have assaulted the husband of the informant by means of khanti.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further

Patna High Court CR. MISC. No.38079 of 2022(8) dt.02-05-2023 2/2 submitted that no specific overt act is alleged against the petitioner. The allegation against the petitioner is general and omnibus. The injury sustained by husband of the informant is simple in nature.

The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the facts aforesaid and the fact that injury sustained by the husband of the informant is simple in nature, 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 A.C.J.M.-II, Benipatti, District Madhubani in connection with Harlakhi P.S. Case No.331 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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