Md. Tabarak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49020 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- MAHALGAON District- Araria ====================================================== Md. Tabarak S/o- Late Idrish Resident of village- Chainpur ward no- 04 Police station- Mahalgaon District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mukesh Kumar Rana, Advocate For the State :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 308(2), 303(2), 74, 352 and 351(2) of the B.N.S..

3. As per prosecution case, this petitioner is alleged to have assaulted on head of informant by means of sword.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, due to land dispute between the parties, this false and concocted case has been lodged. There is case and counter-case between the parties. Injury, allegedly caused by the petitioner, has been opined to be

Patna High Court CR. MISC. No.49020 of 2025(2) dt.31-07-2025 2/2 simple in nature. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, nature of injuries sustained by the injured, case and counter-case between the parties and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Mahalgaon P.S. Case No. 73 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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