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Patna High CourtCR. MISC./51639/2023allowed

Md. Modabbir v. The State Of Bihar

2023-08-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51639 of 2023 Arising Out of PS. Case No.-221 Year-2018 Thana- NAANPUR District- Sitamarhi ====================================================== MD. MODABBIR SON OF MD. AFTAB RESIDENT OF VILLAGE SHARIFPUR PS NANPUR DISTRICT SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Namrata Mishra, Adv.

Mrs.Archana Jha, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 307, 354, 379, 504, 506 of the IPC.

3.

Allegation against the petitioner is that he inflicted Dabiya blow on the head of the informant.

4.

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. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that there is case and counter-case between the parties and the injuries alleged to be inflicted by the petitioner has been found

Patna High Court CR. MISC. No.51639 of 2023(2) dt.30-08-2023 2/2 simple in nature, which is clear from Annexure-3 of the bail application. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, considering the nature of injury, 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 Nanpur P.S. Case No.221/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T