Ibnul Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36438 of 2020 Arising Out of PS. Case No.-232 Year-2020 Thana- JOKIHAT District- Araria ====================================================== IBNUL HASAN Son of Late Md. Nurul Hoda Resident of Village - Chakai, P.S.- Jokihat, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 147, 149, 341, 323, 324, 307, 379, 354(B), 504 and 506 of the Indian Penal Code. As per the prosecution case, the allegation against the petitioner is of inflicting blow of farsa on the head of the informant causing head injury.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.36438 of 2020(7) dt.14-02-2023 2/3 petitioner is a teacher in government school. There is no chance of absconding the petitioner. The informant sustained injuries which is simple in nature. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. There is specific allegation against the petitioner.

Considering the aforesaid facts and circumstances as well as the injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Jokihat P.S. Case No. 232 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with a condition.

1. The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the

Patna High Court CR. MISC. No.36438 of 2020(7) dt.14-02-2023 3/3 above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T