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Patna High CourtCR. MISC./43900/2023bail granted

Md. Sajjad @ Md. Sajad v. The State Of Bihar

2023-08-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43900 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== MD. SAJJAD @ MD. SAJAD SON OF MD. KALAMUDDIN RESIDENT OF VILLAGE- KANOUR, PS- KAMTAUL, DISTT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023

1. 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 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is alleged to have assaulted the informant with Tengari causing injury on his head, thereafter three other named accused also assaulted with Tengari, lathi and iron rod causing injury. Further the accused persons also took Rs.1 lakh from the pocket of the son of the informant.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that there was an accident of motorcycle on

Patna High Court CR. MISC. No.43900 of 2023(2) dt.23-08-2023 2/2 account of which both petitioner and the informant fell down from their respective motorcycles causing injury to themselves. It is next submitted that from perusal of Annexure-4 to the anticipatory bail application, it would manifest that the injury caused to the informant has been opined to be simple in nature caused by hard and blunt substance.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the 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 released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Kamtaul P.S. Case No. 142 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T