Md. Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62315 of 2023 Arising Out of PS. Case No.-106 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

MD. ANWAR son of Fajlu Rahman Village- Lakshminiya Ps- Triveniganj Dist- Supaul 2.

Md. Sikandar @ Sikandar son of Late Ekval Hussain Village- Lakshminiya Ps- Triveniganj Dist- Supaul 3.

Md. Rahman son of Late Ekval Hussain Village- Lakshminiya PsTriveniganj Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 308, 379 and 504 of the Indian Penal Code.

3. The accusation against the petitioner and other coaccused is of assaulting the informant and his nephew and another. There is a counter version of the occurrence lodged by the mother of the petitioner vide Triveniganj P.S. Case No. 109/2020. Three persons from the side of the informant have received injuries; one out of which has been opined to be grievous in nature.

4. Learned counsel for the petitioners submits that allegation of assault is general and omnibus. All injuries are

Patna High Court CR. MISC. No.62315 of 2023(2) dt.11-10-2023 2/2 simple in nature except one.

5. Learned counsel for the State has vehemently opposed the prayer of anticipatory bail and submits that injury caused by petitioner no. 2.Md. Sikandar @ Sikandar is grievous in nature.

6. In view of the injury caused by petitioner no. 2, the prayer for anticipatory bail with regard to Md. Sikandar @ Sikandar (petitioner no. 2) is rejected.

7. So far as petitioner nos. 1 and 3 are concerned, the prayer for anticipatory bail is allowed and it is ordered that let the above named petitioner namely Md. Anwar (petitioner no. 1) and petitioner no. 3 namely Md. Rahman, in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Supaul/concerned court below in connection with Triveniganj P. S. Case No. 106 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shishir/- U T