Anwarul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47778 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- GORIAKOTHI District- Siwan ====================================================== 1.
Anwarul Haque S/o Nurul Haque R/o Vill- Mohammadpur, P.S.- Goriakothi, Distt- Siwan 2.
Nabibul Haque S/o Anwarul Haque R/o Vill- Mohammadpur, P.S.- Goriakothi, Distt- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Rakesh Kumar Shrivastava, Advocate For the State :
Mr. Uday Pratap Singh, APP For the Informant :
Mr. Rizwanul Jama Kha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2025 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, assaulted on head of father of informant with iron rod.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.47778 of 2025(2) dt.04-08-2025 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that Petitioner No. 1 is only alleged to be order giver and so far as Petitioner No. 2 is concerned, there is absolutely no allegation of assault. There is case and counter-case between the parties. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIII, Siwan in connection with Goriakothi P.S. Case No. 147 of 2025, subject to condition as laid down under Section 482(2) of the
Patna High Court CR. MISC. No.47778 of 2025(2) dt.04-08-2025 3/3 B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T