Sadique Zafar @ Babu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66447 of 2024 Arising Out of PS. Case No.-88 Year-2020 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== SADIQUE ZAFAR @ BABU KHAN S/O- HASHIM KHAN Village- Mora Mardana Ps- Magadh University Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murad Ashraf, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 504, 506, 379 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. name accused persons including this petitioner forcibly entered the house of informant and assaulted him and others and damaged various household articles.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. No such occurrence, as alleged, has ever taken place. There is no allegation of assault against petitioner in the F.I.R. Case and counter case. Injuries sustained by the injured are simple in

Patna High Court CR. MISC. No.66447 of 2024(2) dt.27-09-2024 2/2 nature. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail vide Annexure-P/3 Series.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight 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 Judicial Magistrate, 1st Class, Gaya in connection with Magadh University P. S. Case No. 88 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T