Md. Daud v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61980 of 2023 Arising Out of PS. Case No.-244 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

MD. DAUD son of Late Rafiq Mian Village- Maheshua W.no-11, PsTriveniganj Dist- Supaul 2.

Md. Saddam @ Md. Saddam Hussain son of Md. Daud Village- Maheshua W.no-11, Ps- Triveniganj Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP For the Informant :

Mr. Rabia Gulnaz, Advocate Mr. Sabina Talat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 144, 149, 341, 323, 308 & 379 of the Indian Penal Code.

3. Allegation against the petitioner no. 1 is to assault the informant by means of iron rod and allegation against the petitioner no. 2 is to assault the informant by means of threenut(fire arms).

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no

Patna High Court CR. MISC. No.61980 of 2023(2) dt.17-10-2023 2/2 offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that injury was found simple in nature as is clear from the annexure-2 of the bail application. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail. 6.Having regard to the facts and circumstances of the case, since the injury is found simple in nature, let the above named petitioners, be released on bail, in the event of their 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) each 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 Triveniganj P.S. Case No. 244 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T