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Patna High CourtCR. MISC./57788/2022allowed

Md. Mantu @ Md. Nurbashar @ Md. Nukhrar @ Mantu v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57788 of 2022 Arising Out of PS. Case No.-62 Year-2019 Thana- BHIMPUR District- Supaul ====================================================== MD. MANTU @ MD. NURBASHAR @ MD. NUKHRAR @ MANTU Son of Md. Ishrail Resident of Village - Thuthi, Ward No.- 8, P.S.- Bhimpur, Thana No.- 216, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmeshwar Mehta For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 447, 341, 323, 324, 325, 307, 379, 504 of the IPC.

The allegation against the petitioner is that he along with other accused persons have indiscriminately assaulted the informant's side by means of various weapons due to which the informant's side sustained severe injuries.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence, in the manner as alleged, has ever taken place. He has been falsely implicated in this case due to village

Patna High Court CR. MISC. No.57788 of 2022(2) dt.03-01-2023 2/2 politics. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He is only a member of the mob. One Md. Sahid had sustained grievous injury but as per the F.I.R. itself, it is clear that he was assaulted by Lal Mohammad. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of 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 Bhimpur P.S. Case No.62 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T