Md. Faruq @ Faruq Akhtar @ Md. Farukh @ Md. Farukh Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64728 of 2024 Arising Out of PS. Case No.-546 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

Md. Faruq @ Faruq Akhtar @ Md. Farukh @ Md. Farukh Akhtar S/o Late Md. Akhtar @ Late Akhtar Hussain R/o Village- Nawab Chowk, Phokharia, Ward No.35 P.S- Town, District- Begusarai 2.

Md. Ahmad @ Ahmad Ali S/o Late Md. Khalid R/o Village- Nawab Chowk, Phokharia, Ward No.35 P.S- Town, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 4-9-2022 at 11 a.m., six accused persons including the petitioners came to her house and started abusing and even started destroying the household articles, on protest, Md. Faruq assaulted by a rod causing injury on forehead,

Patna High Court CR. MISC. No.64728 of 2024(2) dt.25-09-2024 2/3 thereafter all the accused assaulted her by lathi and pistol causing injury.

4.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from side of the petitioner, Begusarai Town PS Case No. 545 of 2022 has been instituted against the informant and her side. The learned counsel further draws the attention of the court to Annexure-3 to the anticipatory bail application, which is the injury report and submits that from perusal of the same, it would manifest that the informant did not suffer any injury on forehead and the injury found on nose is opined to be simple. It is further submitted that when the injury report does not record that the informant suffered any injury on forehead that amply demonstrates the falsity of the allegation.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.64728 of 2024(2) dt.25-09-2024 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Town P.S. Case No. 546 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T