Patna High CourtCR. MISC./71774/2024bail granted

Rahamtullah @ Rahman Tullah @ Rahma Tullah v. The State Of Bihar

2024-10-23Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71774 of 2024 Arising Out of PS. Case No.-1049 Year-2023 Thana- ARARIA District- Araria ====================================================== Rahamtullah @ Rahman tullah @ Rahma Tullah S/o Firoz R/o vill - Damheli, ward no. 11, P.S. - Araria, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Araria P.S. Case No. 1049 of 2023 dated 30.10.2023, instituted for the offence punishable under Sections 341, 323, 307, 447, 379, 504, 506 of the Indian Penal Code.

3. The allegation against the petitioner is that he assaulted with iron rod on the head of Rehan, who sustained head injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is a land dispute between the parties and Title Suit No. 528 of 2023 is pending before learned Munsif, Araria for its adjudication and due to which the

Patna High Court CR. MISC. No.71774 of 2024(2) dt.23-10-2024 2/2 petitioner has been falsely implicated in this case. It is further submitted that injury report reveals that the nature of injury is simple caused by hard and blunt substance. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Araria P.S. Case No. 1049 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) sankalp/- U T