Md. Harshnayan @ Md. Hasnain @ Md. Hashnen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49475 of 2023 Arising Out of PS. Case No.-233 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== MD. HARSHNAYAN @ MD. HASNAIN @ MD. HASHNEN SON OF MD. ALAM VILL MURGIYACHOUK BADA SUMERA PS KUDHNI DIST MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 448, 323, 353, 427, 336, 337, 504, 505, 506 of the Indian Penal Code.

3. As per FIR, while the informant was doing his official work, 40-50 women and 100-150 male persons, having bricks and stones in their hands, surrounded the informant and started pelting stones on him and other police personnel and tried to release the husband of co-accused Angoori Khatoon.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.49475 of 2023(3) dt.28-08-2023 2/2 falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 20.10.2022 passed in Cr. Misc. No. 33961 of 2022. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as similarly situated co-accused has been granted bail, 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 Kudhani (Turki O.P.) P.S. Case No. 233 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T