Patna High CourtCR. MISC./64503/2024bail granted

Md. Mister @ Md. Kamal Mustafa v. The State Of Bihar

2024-12-16Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64503 of 2024 Arising Out of PS. Case No.-85 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== Md. Mister @ Md. Kamal Mustafa S/o Late Muslim Master @ Late Md. Muslim R/o Village- Kajichak Bhaisasur, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Rafiganj P.S. Case No. 85 of 2023 instituted for the offences under Sections 341, 323, 307, 354, 379/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of assaulting the informant due to which she sustained injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is an admitted land dispute between the parties relating to drainage of water. He submitted

Patna High Court CR. MISC. No.64503 of 2024(2) dt.16-12-2024 2/2 that the informant sustained injuries which are simple in nature. Moreover, the petitioner is a person of clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Rafiganj P.S. Case No. 85 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Nawneet Kumar Pandey, J) Arish/- U T