Aaquib Anwar @ Md. Aquib Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48450 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- BALIYA District- Begusarai ====================================================== AAQUIB ANWAR @ MD. AQUIB ANWAR Son of Tarique Anwar @ Guddu Resident of Village - Chhoti Ballia, Upper tola, Ward No. 05, P.S. Ballia, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 384, 307, 504, 34 of the IPC.

Allegedly, the petitioner is said to have assaulted the father of informant by means of butt of pistol on his nose. It is alleged that the accused persons including the petitioner used to consume liquor on the land of informant and on protest, they started to demand rangdari and thereafter they brutally assaulted the father of informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such

Patna High Court CR. MISC. No.48450 of 2022(4) dt.09-01-2023 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. As per allegation in the F.I.R., it is itself clear that the petitioner is said to have assaulted the father of informant by butt of pistol on his nose but no injury was found on his nose. The specific allegation to assault the father of informant is against Tarique Anwar who assaulted by means of iron rod on his head, which injury was grievous in nature. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Ballia P.S. Case No.19 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.