Md. Hanish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50433 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- Refinery District- Begusarai ====================================================== 1.

Md. Hanish Son of Late Md. Gafur Resident of Village - Salempur, Ward No.- 16, P.S. - Refinery, District - Begusarai. 2.

Md. Sarfaraj Son of Md. Hanish Resident of Village - Salempur, Ward No.- 16, P.S. - Refinery, District - Begusarai.

3.

Md. Barkat Son of Md. Hanish Resident of Village - Salempur, Ward No.- 16, P.S. - Refinery, District - Begusarai.

4.

Md. Raja @ Md. Jiyaul Son of Md. Rahish Resident of Village - Salempur, Ward No.- 16, P.S. - Refinery, District - Begusarai. 5.

Md. Arshad Son of Md. Hanish Resident of Village - Salempur, Ward No.- 16, P.S. - Refinery, District - Begusarai.

6.

Md. Shahid @ Md. Sajid Son of Md. Hanish Resident of Village - Salempur, Ward No.- 16, P.S. - Refinery, District - Begusarai. 7.

Md. Kadir Son of Md. Ishamul Resident of Village - Salempur, Ward No.- 16, P.S. - Refinery, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sourendra Pandey, Advocate For the State :

Mr. Ram Priya Sharan Singh, APP For the Informant :

Mr. Balmiky Prasad, Advocate Mr. Anjani Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case in brief is that on

Patna High Court CR. MISC. No.50433 of 2024(3) dt.03-10-2024 2/3 12.04.2024, all the F.I.R. named accused persons including these petitioners entered into the house of the informant armed with deadly weapons and assaulted his brother and sister on their head due to which they became unconscious.

4. It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case. Allegation of assault is general and omnibus. Case and counter case between the parties. There is no specific overt art is against the petitioner. The injuries are found to be simple in nature. Petitioners no. 1, 3 and 6 are having one criminal antecedent in which they are acquitted and rest of the petitioners have clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioners.

6. Considering the aforesaid facts and circumstances and nature of injury is simple in nature, the prayer for grant of anticipatory bail to the petitioners are allowed.

7. Accordingly, let the above named petitioners, in the event of their arrest /surrender within a period of eight weeks from today, 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 C.J.M., Begusarai in

Patna High Court CR. MISC. No.50433 of 2024(3) dt.03-10-2024 3/3 connection with Refinery P.S. Case No. 19 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ranjeet/- U T