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Patna High CourtCR. MISC./99/2021bail granted

Md Matto Mukhiya @ Matto Mukhiya @ Matiur Rahman v. The State Of Bihar

2021-10-27Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.99 of 2021 Arising Out of PS. Case No.-24 Year-2016 Thana- KHAJANCHI HAT District- Purnia ====================================================== MD. MATTO MUKHIYA @ MATTO MUKHIYA @ MATIUR RAHMAN S/o Late Munir R/o village- Chhappan, P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pandey,Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with K. Hat (Maranga) P.S. Case No. 24 of 2016 for the offence punishable under Sections 147, 149, 323, 224, 225, 353 and 186 of the Indian Penal Code.

According to the prosecution, while the informant was going by his vehicle, one Nandan Paswan along with his friends came and started assaulting him and damaged the glass of his vehicle.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. rather his name transpired in this case during course of investigation.

Patna High Court CR. MISC. No.99 of 2021(2) dt.27-10-2021 2/2 Learned counsel for the petitioner further submits that the instant F.I.R. is of 2016 but the petitioner has no knowledge about of the institution of the instant F.I.R. as he was not named. Moreover, the co-accused, namely, Awadhesh mandal along with four other accused persons have been acquitted by the trial court vide order dated 15.12.2018 passed in Tr. No. 582 of 2018/CIS No. 391 of 2016. Hence, the petitioner may be granted the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the, above named, petitioner in the event of their arrest or surrender before the court below within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with K. Hat (Maranga) P.S. Case No. 24 of 2016 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Rajesh Kumar Verma, J) braj/- U T