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Patna High CourtCR. MISC./51242/2024allowed

Md Afjal @ Md. Afjal Ali v. The State Of Bihar

2024-08-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51242 of 2024 Arising Out of PS. Case No.-150 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Md Afjal @ Md. Afjal Ali Son of Ahmed Ali @ Md. Ali R/O Vill.- Goshnager, Rampatti, P.s.- Rajnagar, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 143, 341, 323, 324, 307, 325, 354(A), 504 , 506 of the IPC.

3. As per the prosecution case, the petitioner is said to have assaulted the informant by means of farsa.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He further submits that both the parties are co-villagers and there is dispute over

Patna High Court CR. MISC. No.51242 of 2024(2) dt.09-08-2024 2/2 common passage. The present case is nothing but counter blast of Rajnagar P.S. Case No. 141 of 2023 and just to save the skin from the case lodged by the petitioner, the present case has been lodged against the petitioner. It is further submitted that earlier vide order dated 09.04.2024 passed in Cr. Misc. No. 71541 of 2023, the petitioner was granted anticipatory bail by this Court, but unfortunately before furnishing his bail bond, he was apprehended by the police in other case. Petitioner has five criminal antecedents and he is in custody since 10.05.2024.

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

6. Having regard to the facts and circumstances of the case, since earlier the petitioner has been granted anticipatory bail by this Court, but before furnishing his bail bond, he was apprehended by the police in other case, the above named petitioner is directed to be enlarged on bail 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 connection with Rajnagar P.S. Case no. 150 of 2023. (Anjani Kumar Sharan, J) divyanshi/- U T