Saiyub @ Md. Sayub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70379 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- SIKTI District- Araria ====================================================== Saiyub @ Md. Sayub Son of Riyajul Resident of village- Gadahkat ward no 9, p.s -Sikty, District -Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the State :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 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 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 3(5) of the B.N.S.

3.

Allegation against the petitioner is of assaulting the informant with sword on his head but the same hit on his right shoulder.

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 general and omnibus in nature. The specific allegation to assault

Patna High Court CR. MISC. No.70379 of 2024(2) dt.21-10-2024 2/2 the informant on his head by means of butt of sixer is alleged against co-accused Wasique and the corresponding injury was found grievous in nature. The other injuries, which is said to be inflicted by the petitioner has been found simple in nature. For the alleged occurrence, there is case and counter-case between the parties. Petitioner has one 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 said to be inflicted by the petitioner 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 Sikty P.S. Case No.110 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS, 2023.

(Anjani Kumar Sharan, J) pallavi/- U T