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Patna High CourtCR. MISC./46709/2023allowed

Md. Ashfaque v. The State Of Bihar

2023-08-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46709 of 2023 Arising Out of PS. Case No.-161 Year-2022 Thana- SINGHWARA District- Darbhanga ====================================================== Md. Ashfaque (Male) aged about 57 years, son of Abdul Majid, resident of village-Dahsil, P.S.-Singhwara, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Singh, Advocate For the State :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Singhwara P.S. Case No. 161 of 2022 dated 10.08.2022 instituted under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he has assaulted the informant with farsa.

4. Learned counsel for the petitioner submits that there is case and counter case between the parties for the same occurrence in which the petitioner and also his brother got injury by the informant side. The injury on the injured is simple in nature. There is one criminal antecedent in which the petitioner has been acquitted.

Patna High Court CR. MISC. No.46709 of 2023(2) dt.19-08-2023 2/2

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Darbhanga/ Successor Court in Singhwara P.S. Case No. 161 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) P. Kumar U T