Md. Nirale v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68892 of 2021 Arising Out of PS. Case No.-109 Year-2021 Thana- MAHINDWARA District- Sitamarhi ====================================================== MD. NIRALE S/o Late Fogudar R/o village - Mauna, P.S.- Mahindwara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that the accused persons including the petitioner were trying to demolish her wall and when the same was objected, the present occurrence took place in which it is alleged that the accused persons assaulted the side of the informant with sword and iron road. It is alleged that this petitioner assaulted Md. Gulam Gaus by an iron rod causing

Patna High Court CR. MISC. No.68892 of 2021(2) dt.26-07-2022 2/2 injury on his head.

Learned counsel for the petitioner submits that blow was not repeated and the injury is simple as would be evident from Annexure-4 to the anticipatory bail application. He further submits that Mahindwara P.S. Case No. 110 of 2021 has been instituted from the side of the petitioner and injuries have also been suffered from the side of the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Mahindwara P.S. Case No. 109 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T