Md Junaid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57409 of 2023 Arising Out of PS. Case No.-479 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== MD JUNAID S/O MD VAKIL R/O VILLAGE- MEHASAUL GOT, PS. SITAMARHI, DIST. SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 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 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have assaulted the informant's side brutally with deadly weapons due to which they sustained injuries.

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 falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. At best, he can be said member

Patna High Court CR. MISC. No.57409 of 2023(4) dt.14-12-2023 2/2 of the mob. There is specific allegation against co-accused Md. Shabir to assault the mother of the informant due to which she sustained grievous injury on her head. There is admitted land dispute between the parties. Both the parties are agnates. Petitioner has two criminal antecedents 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 there is no specific overt act against the petitioner, 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 Sitamarhi P.S. Case No. 479 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T