Patna High CourtCR. MISC./68808/2023allowed

Asabul @ Md. Asabul @ Md. Asabul Alam v. The State Of Bihar

2023-10-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68808 of 2023 Arising Out of PS. Case No.-42 Year-2021 Thana- MAHILA P.S. District- Kishanganj ====================================================== Asabul @ Md. Asabul @ Md. Asabul Alam Son Of Alimuddin Resident Of Babanduba, P.S. - Paharkatta, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 376, 34 of the Indian Penal Code.

3. Earlier, prayer for bail of the petitioner was permitted to be withdrawn vide order dated 22.11.2022 passed in Cr. Misc. No. 37682 of 2022.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the during the investigation, the police submitted final form and not found the case true against the petitioner on 30.09.2022 but the learned Sub-Divisional Judicial Magistrate, Kishanganj has taken cognizance on 08.05.2023 against the petitioner. He further submits that petitioner has one

Patna High Court CR. MISC. No.68808 of 2023(2) dt.13-10-2023 2/2 criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Kishanganj Mahila P.S. Case No. 42 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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