Hassan Alias Syed Hassan Rizwi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47684 of 2022 Arising Out of PS. Case No.-312 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.

HASSAN ALIAS SYED HASSAN RIZWI SON OF SYED MUSHARAF HUSSAIN R/O MOHALLA- BADI KARBALA, P.S.- NAGAR, DISTRICT- MUZAFFARPUR 2.

SYED ALAMDAR HUSSAIN @ ALAMDIR HUSSAIN SON OF SYED ADIL HUSSAIN R/O MOHALLA- BADI KARBALA, P.S.- NAGAR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar Jha,Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-01-2023 At the outset, learned counsel for the petitioners submits that so far as petitioner no. 2 is concerned, he seeks permission to withdraw his prayer for anticipatory bail so that he could surrender before the Court and seek bail. As such, he has restricted the present case to the petitioner no. 1.

Heard Mr. Sumit Kumar Jha, learned counsels for the petitioner and the State.

The petitioners apprehend their arrest in connection with Town P.S. Case No. 312 of 2022 for the offence registered under Sections 341, 323, 324, 354-B, 379, 504, 506, 307 and 34

Patna High Court CR. MISC. No.47684 of 2022(2) dt.04-01-2023 2/3 of the Indian Penal Code.

As per the prosecution story, the allegation is of assaulting the informant and his family members. So far as the petitioner no. 1 is concerned, there is allegation of attacking the informant's son with knife on his head and shoulder. Learned counsel for the petitioner no. 1 took this Court to the Injury Report of the informant's son, Shahrukh Khan, in which the nature of the injury has been found to be simple in nature.

Learned APP for the State opposes the prayer for anticipatory bail.

Taking into account the aforesaid facts that the injuries sustained by the informant son has been found to be simple in nature, he do not have criminal antecedent and he is a young boy, this Court is inclined to grant him privilege of anticipatory bail.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur P.S.

Patna High Court CR. MISC. No.47684 of 2022(2) dt.04-01-2023 3/3 Case No. 312 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T