Anwar @ Anwar Alam @ Anwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52815 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- PAHARKATTA District- Kishanganj ====================================================== ANWAR @ ANWAR ALAM @ ANWAR SAH S/o Late Amrul Sah Resident of Village - Miyabasti, Chattargacch, P.S. Paharkattar, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 325, 307, 147, 148, 149 of the Indian Penal Code.

As per allegation in the FIR, while brother of the informant was going home, five accused persons surrounded him and started to assault him by lathi and danda as a result of which he sustained head injury. On alarm being raised, nearby people gathered there and then he was taken to hospital by them. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has been falsely implicated in this case due to dirty village politics. Petitioner was not present at the place of occurrence. General and omnibus allegation has

Patna High Court CR. MISC. No.52815 of 2022(3) dt.18-01-2023 2/2 been levelled against him. It is further submitted that it appears from supplementary injury report (Annexure-3) that all the injuries received by the brother of the informant are simple in nature caused by HBS. The alleged occurrence took place over a dispute between the children while playing. Petitioner is languishing in judicial custody since 02.07.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM III, Kishanganj in connection with Paharkatta P.S. Case No. 66 of 2022.

(Sunil Kumar Panwar, J) sushma/- U