Md. Yakub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54827 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- PAHARKATTA District- Kishanganj ====================================================== MD. YAKUB SON OF LATE MOHAMMDIN R/O VILLAGE - FULHARA DAKSHIN BASTI, P.S.- PAHAR KATTA, DISTRICT- KISHANGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Adv For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under sections 341, 323, 379, 307, 354, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused persons has indiscriminately assaulted the informant, due to which he sustained injuries. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.54827 of 2021(3) dt.14-07-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties and both sides have sustained injuries. The injuries are simple in nature. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a case and counter-case between the parties and both sides have sustained injuries and the injuries are simple in nature, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Paharkatta P.S. Case No. 49 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T