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Patna High CourtCR. MISC./58540/2022allowed

Chand Zaffar @ Chand Mohmad Zafar v. The State Of Bihar

2023-02-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58540 of 2022 Arising Out of PS. Case No.-200 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== CHAND ZAFFAR @ CHAND MOHMAD ZAFAR Son of Late Khurshid Ahmad Resident of villlage- Sahpur Baghauni, P.S.- Tajpur, (Vaini O.P.), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.A.K. Thakur, Adv.

Mrs.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP Mrs.Shama Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 342, 323, 325, 307/34 IPC. The allegation against the petitioner is that he along with other accused persons have indiscriminately assaulted the informant's brother and when the informant tried to save him, he was also assaulted by the accused persons. 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 due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.58540 of 2022(2) dt.23-02-2023 2/2 place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is case and counter-case between the parties and both sides have sustained grievous injuries. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the informant vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Tajpur (Vaini O.P.) P.S. Case No.200/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, petitioner is directed to not threat the informant's side in any manner.

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