Hannan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45674 of 2024 Arising Out of PS. Case No.-380 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Hannan Son of Bajuddin R/O Vill.- Kakan, Tola, Udan Toli, Ward no. 10, P.S.- Jokihat, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the State :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Jokihat P.S. Case No. 380 of 2023 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that accused persons have assaulted the husband and father of the informant by means of farsa and iron rod, due to which they sustained injuries.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.45674 of 2024(2) dt.10-07-2024 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is submitted that there is delay of four days in lodging of the FIR. It is submitted that there is no specific allegation against the petitioner and from perusal of the FIR, it appears that the petitioner brought the injured persons to sadar hospital with the help of other named persons. It is submitted that informant is not an eye witness to the occurrence. It is next submitted that co-accused has been granted anticipatory bail by this Court vide order dated 02-05-2024, passed in Cr. Misc. No. 34386 of 2024. Petitioner is a man of clean antecedent.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let 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 Jokihat P.S. Case No. 380 of 2023, subject to the conditions as laid down

Patna High Court CR. MISC. No.45674 of 2024(2) dt.10-07-2024 3/3 under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T