Patna High CourtCR. MISC./66795/2024bail granted

Md. Rustam v. The State Of Bihar

2024-10-03Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66795 of 2024 Arising Out of PS. Case No.-131 Year-2023 Thana- FALKA District- Katihar ====================================================== MD. RUSTAM S/o- MD. ABDULLA R/O- CHAKLA KUAN, P.S. FALKA, DISTT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-10-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Falka P.S. Case No. 131 of 2023 dated 02.05.2023 registered under Sections 341, 323, 307, 379, 504 / 34 of the I.P.C.

3. As per the F.I.R. on 01.05.2023 in the night while the informant was at his home with his family members in the meanwhile the petitioner along with the other accused persons entered into the house of the informant along with weapons and started abusing and assaulting him. The petitioner assaulted the informant with iron rod on his head.

4. Learned counsel for the petitioner submits that both the parties are close door neighbours and there is previous dispute in between them. As per the F.I.R. the petitioner has only assaulted the informant once and there is no allegation of

Patna High Court CR. MISC. No.66795 of 2024(2) dt.03-10-2024 2/2 repeated assault. The injury caused to the informant is simple in nature as stated in paragraph no. 11 of this application. The petitioner has got no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that the informant has sustained only single injury attributed to the petitioner which is simple in nature and the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Katihar / court concerned in connection with Falka P.S. Case No. 131 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T