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Patna High CourtCR. MISC./58438/2022allowed

Firoz @ Foroz v. The State Of Bihar

2023-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58438 of 2022 Arising Out of PS. Case No.-277 Year-2022 Thana- JOKIHAT District- Araria ====================================================== FIROZ @ FOROZ Son of Salim Resident of Village- Sherlangha, P.S.- Jokihat, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 308, 354B, 379, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he alongwith other co-accused persons assaulted the informant's side by means of several weapons.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. Though there is a direct allegation against the petitioner

Patna High Court CR. MISC. No.58438 of 2022(2) dt.03-01-2023 2/2 to give a blow of sword to the informant, but the injury is found to be simple in nature, which is also mentioned in the impugned order. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as the injury is simple in nature, let the above named petitioner, be released on bail, in the event of his/her 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 Jokihat P.S. Case No.277 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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