Md. Mannan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66619 of 2023 Arising Out of PS. Case No.-459 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== MD. MANNAN SON OF MD. RAEESH RESIDENT OF VILLAGECHATGAON, WARD NO. 13 PS- TRIVENIGANJ, DIST- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 452, 504, 509, 341, 323, 324, 307, 34 of the IPC.

3.

Allegedly, all the F.I.R. named accused persons including the petitioner entered the house of informant and started abusing and assaulting the informant's wife and on protest, all assaulted her with sword and knife with intention to kill. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.66619 of 2023(2) dt.31-10-2023 2/2 general and omnibus in nature. For the alleged occurrence, there is case and counter-case between the parties. Both sides have sustained injuries and the injury of the injured was found simple in nature which is clear from Annexure-2 of the bail petition. Petitioner has 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 was found simple in nature, let the above named petitioner, be released on bail, in the event of his 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) 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.459 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T