Wakar Yunus v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52370 of 2023 Arising Out of PS. Case No.-158 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.
Wakar Yunus S/O Rahmul Hussain R/O Village- Kajipur, Ps. Fulwaria, Dist. Gopalganj 2.
Nesat Hussain @ Asif Mian S/O Aslam Ansari R/O Village- Kajipur, Ps. Fulwaria, Dist. Gopalganj 3.
Aslam Ansari S/O Subhan Mian R/O Village- Kajipur, Ps. Fulwaria, Dist. Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachina For the Opposite Party/s :
Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners is permitted to correct the Annexure enclosed to the bail application in course of the day.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 447, 354, 379, 504, 506 and 34 of the Indian Penal Code.
4. As per the prosecution case, it is alleged that petitioner no. 1 inflicted knife blow upon the informant due to which she sustained injury. Petitioners no. 2 and 3 are said to have snatched gold chain of the informant.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.52370 of 2023(3) dt.12-09-2023 2/2 case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that petitioner no. 1 is said to have assaulted informant, Taslima Khatoon, and the injury was found simple in nature, a photo copy of the injury report is enclosed as Annexure-2 to the bail application. Petitioner no. 1 has no criminal antecedent and petitioners no. 2 and 3 have one criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposes prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case and the nature of the injury, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Fulwaria P.S. Case No.158 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T